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Proposal for new EU procurement Directives

Proposal for new EU procurement Directives. 30 May 2012 Catherine Wolfenden. What are the public procurement regulations?. Directive 2004/18/EC transposed into UK law through The Public Contracts Regulations 2006 Apply to 'contracting authorities' Service, supply and works contracts

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Proposal for new EU procurement Directives

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  1. Proposal for new EU procurement Directives 30 May 2012 Catherine Wolfenden

  2. What are the public procurement regulations? • Directive 2004/18/EC transposed into UK law through The Public Contracts Regulations 2006 • Apply to 'contracting authorities' • Service, supply and works contracts • Similar Directive and Regulations for the utilities sector

  3. Consultation • EU Commission Green Paper in January 2011 • Public procurement plays a key role in the Europe 2020 growth strategy • Need for streamlined and flexible procurement procedures • UK Government response July 2011 • Radical simplification is needed for the benefit of SME's other suppliers and public purchasers alike

  4. Proposed new Directive • Published on 20 December 2011 • Proposals for new procurement directives to replace the current directives on public and utilities procurement • Also a proposal for a new directive on the award of concession contracts • Proposals now in the EU legislative process • Council of Ministers and European Parliament • Aim for proposals to be adopted by end of 2012 • Coming into force in Member States by June 2014

  5. Main changes proposed (1) • Scrapping in distinction between Part A and Part B services • For procurements involving a limited class of "social services" a higher threshold of €500,000 will apply • Simplification on information obligations in pre qualification • Increase in the use of the negotiated procedure • Simplified procedures for local authorities – publication of a general notice for planned procurement for year ahead

  6. Main changes proposed (2) • Changes to competitive dialogue • Shortening of time limits • New "innovative partnership procedure" • Award decisions can be based on life-cycle costs • More incentives to divide tenders into lots • Appointment of a single national "oversight" authority • Codification of Teckal and Pressetext

  7. UK Government response • Flexible approach to employee led organisations/mutuals • Raise thresholds for goods and services • More flexibility in frameworks to add suppliers • Enable faster procurement • Allow more freedom to negotiate • Reduce the burden of supporting documents • More clarification on the use of social and environmental criteria

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