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Kim Postlethwaite

‘Part B Services’ verses ‘Light Touch Regime’

Under the new regulations ‘Part B services’ have been abolished and replaced with the new ‘light touch regime’. Below we cover what the new rules are, what has changed and whether this is a change for the better.

Part B Services: What were the rules?

Under the previous regulations all services were split into two – Part A and Part B. All services fell into one of 27 service categories – service categories 1-16 were Part A and subject to the full procurement regulations whereas service categories 17-27 were Part B and were essentially exempt from the rules (although an award notice was required). The service category that the service fell under was determined by the CPV codes. The purpose of this was to exempt services which were considered to not have cross border interest from the strict EU publication rules. Services are considered to not have cross border interest when it is unlikely that a service provider in one country can (or will be willing to) provide their service in a different country – for example, hotel services or legal service.

However, part B was occasionally taken advantage of and notices that did have cross border interest were incorrectly excluded from the rules. This was often due to the use of service category 27 which was “Other services” and covered any service that did not fall into the CPV codes listed under any of the other, more specific, service categories 1-26.

Light Touch Regime: What now?

When reviewing the legislation it was deemed that services with no cross border interest do still need to be treated differently however, much discussion took place to determine WHICH services were to be considered to not have cross border interest and WHAT the rules would be. Continue reading “‘Part B Services’ verses ‘Light Touch Regime’”

The new EU Directive on Public Procurement: Accelerated Procedures

Over the coming months the Tenders Direct Blog will cover the changes coming into force as a result of the new EU Directives on Public Procurement. So far we have already covered:

–    The history and a brief overview of the changes (The new EU Directives on Public Procurement have been published!)

This blog will discuss the new procurement procedure ‘accelerated open’ and the changes surrounding the use of the ‘accelerated’ procedures.  Please read our previous blogs and sign up to receive notification when the next in the series is published.

The new EU Directive on Public Procurement: Accelerated Procedures

Within the new Directive on Public Procurement there now exists a new ‘Accelerated Open Procedure’. This is the same as the Open Procedure but with accelerated time-frames. Previously there was only an accelerated option for the Restricted Procedure and the Negotiated Procedure (called ‘Competitive Procedure with Negotiation’ under the new Directive). The introduction of this new Accelerated Open Procedure is hoped to improve the flexibility within public procurement for buyers. It is expected that the introduction of this new procedure will result in a drop in the usage of the Accelerated Restricted Procedure.

These accelerated procedures can still only be used in states of urgency. However, the previous ambiguity around ‘urgency’ has been clarified and the reasons for justifying the ‘urgent’ nature will be more flexible. Unlike the current situation, where the urgent requirements must have been unforeseeable and not within the influence of the buyer, under the new Directive the accelerated procedures can be used where the buyer could foresee the need but failed to act in time to address it.

The time limits for the Accelerated Restricted Procedure and the Accelerated Competitive Procedure with Negotiation have also changed. Oddly, it would appear that the time limits for the first stage notice under the new rules will be longer. It is also worth noting that for sub-central contracting authorities, the need for these accelerated procedures may be unnecessary given the new, much more flexible, rules surrounding the timings that they can set.

When using the MyTenders Pro service you will be advised of the correct time limits when creating and publishing notices ensuring that you meet your legal obligations.

Time Limits under the New Directive
Continue reading “The new EU Directive on Public Procurement: Accelerated Procedures”

The new EU Directives on Public Procurement have been published!

Over the coming months the Tenders Direct Blog will cover the changes coming into force as a result of the new EU Directives on Public Procurement. The first of this series will cover the history and a brief overview of the changes. Please sign up to the blog for updates on when the next in the series is published.

The new EU Directives on Public Procurement have been published!

On 28th March 2014 the three new Public Procurement Directives were published in the Official Journal of the European Union. These will come into force on 17 April 2014. The UK has two years to transpose these Directives into national law. It has been rumoured that this may, however, take place as soon as autumn.

The History:

In April 2011 the European Commission communicated its intention to modernise the legislative framework for public procurement and in December 2011 confirmed that this would be carried out by way of reviewing the existing directives. The key objectives of this reform outlined by the European Commission in 2011 were as follows:

  1. Simplify the rules and procedures and make them more flexible.
  2. Increased recourse to carry out negotiations.
  3. Increased use of e-procurement.
  4. Reduce administrative burden on suppliers.
  5. Facilitate a qualitative improvement in the use of public procurement.
  6. Improved integrity in public procurement.
  7. Appointment of national review body to monitor public procurement practices.
  8. Creation of a Concession Contracts Directive to complete the legal framework for European public procurement.

Continue reading “The new EU Directives on Public Procurement have been published!”

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