PPN 10/20 (PCR 2015)
Public procurement after the transition period ends on 31 December 2020
In: Procure > Evaluation stage
Overview
This PPN applies to all contracting authorities that come within the scope of the Public Contracts Regulations 2015 (PCR 2015), Utilities Contracts Regulations 2016 or Concessions Contracts Regulations 2016 including, central government departments, executive agencies, non-departmental public bodies, wider public sector, local authority and NHS bodies, and utilities (collectively referred to as ‘contracting authorities’).
This PPN explains the changes that affected public procurement in the UK after the end of the Brexit transition period on 31 December 2020. It provides that the main change was that from 23:00 on 31 December 2020, new UK public procurement opportunities must be published on the UK e-notification service called Find a Tender (FTS) and no longer be sent to the Official Journal of the European Union (OJEU) (Tenders Electronic Daily (TED)).
Objective at this commercial stage
The UK has negotiated international trade agreements with EU and non-EU countries which require suppliers from these agreements to be treated equally, with domestic suppliers, and protected from discrimination.
Key considerations at this commercial stage
Contracting authorities should:
- be mindful that UK procurement regulations were amended following the UK’s withdrawal from the EU
- ensure compliance with obligations to treat suppliers equally, and without discrimination, where the UK has negotiated international trade agreements with EU and non-EU countries.
Legal framework
The PPN should be read alongside the relevant parts of the legal framework, including but not limited to, the following provisions of the Public Contracts Regulations 2015 (which may be particularly relevant to the consideration of this PPN):
- Regulation 25A: Conditions relating to the GPA
- Regulation 25B: Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA
- Regulation 48: Prior information notices
- Regulation 49: Contract notices
- Regulation 50: Contract award notices
- Regulation 51: Publication on the UK e-notification service
- Regulation 52: Publication on buyer profiles
- Regulation 53: Electronic availability of procurement documents
- Regulation 58: Selection criteria
- Regulation 75: Publication of notices
- Regulation 79: Notices
- Regulation 89: Duty owed to economic operators from the UK and Gibraltar
- Regulation 90A: Duty owed to economic operators from GPA parties
- Regulation 90B: Duty owed to economic operators other than the GPA
- Regulation 99: Grounds for ineffectiveness
- Regulation 106: Publication of information on Contracts Finder where contract notices are used
- Regulation 108: Publication of information on Contracts Finder about contracts awarded
- Schedule 1A: Parties to the GPA
- Schedule 4A: International Trade Agreements
Additional support and guidance
Make sure you:
- read the PPN and any supporting implementation guidance
- seek legal and commercial advice in the context of specific procurements
