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Publish Date : 09-Feb-2015

The much-awaited Public Contracts Regulations 2015 (SI 2015/102) will replace the Public Contracts Regulations 2006 and enter force on 26th February 2015.

With the new regulations, a range of subtle changes will become effective, however, changes that nonetheless may have a substantial impact for both the government and contractors.

For instance, once the new regulations enter force : Elimination of Part B services: The differentiation between Part A and Part B services has been eliminated, hence most of the goods, works and services will be subject to the full range of the procurement rules. Certain health, care, educational and cultural services will be subject to a light touch regimen until April next year; Material Change: There has been a systematization and development of the law on what is a material change of a contract which has already been offered (and hence calls for a new procurement process); Selection and award: There is a broader toolkit available to the government to exclude bidders from the procurement process which includes the ability to exclude a bidder for poor past performance; In-House and Cooperative Working Exemptions: There is helpful systematization and developmentof the in-house (or 'Teckal') exemption and the public-public cooperation (or 'Hamburg') exemption, which provides expanded scope for the government to offer contracts without competition and offer services in the marketplace; New Processes: Contracting authorities can use the new Competitive Process with Negotiation and Innovation Partnership procedures, but lose the ability of using a negotiated procedure. Utilities may now make use of the competitive dialogue process; Framework Agreements: There is useful clarification on the approved period of framework agreements and when call-offs may be offered.

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