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LEGAL REPORT
REPORT
How to manage public By Sarah Perry, managing partner, Wright Hassall
Although it is advisable that those
involved in procurement in the
private sector develop clear
processes and documentation, it is
only the process of public procurement
that is speci cally regulated. Since the
1970s the World Trade Organisation
(WTO) and the European Union (EU) have
regulated the procurement of goods
and services by public authorities to
protect openness, transparency and
non-discrimination in these transactions.
The UK was generally bound to these
principles by its treaty obligations and
developed UK procurement regulations
accordingly. Even though the UK has
now left the EU, UK procurement
regulations still apply. The UK also
became a member in its own right of
the WTO’s Agreement on Government
Procurement (GPA) in January 2021. So,
going forward, any national laws relating
to public procurement will continue to
be made within the framework of these
international commitments.
Public procurement law applies
in three cases: rst, when the entity
involved is a public authority. Second,
when the tender is for works, products,
services or concessions – for example,
Specialist Fleet Services winning a veyear
maintenance contract for East
Sta ordshire Borough Council’s RCV
eet (main picture). Where the supplies
or services apply to defence or security
matters, or are for utility activities,
separate regulations apply. There are also
separate regulations when the contract
is a concession, and operating risk will be
transferred to a concessionaire. Third,
Whether you are a public body looking for providers of goods
or services, or a potential provider trying to obtain a contract
to supply these, something may go wrong during the process.
This guide o ers help should a problem arise
and award a contract. Each
of these processes involve
minimum time limits, selection
and award criteria, and the obligation to
disclose various details when announcing
the results.
A contracting authority must notify
all bidders individually of the criteria for
the award, the reasons for selecting the
successful bid, the scores of the winning
bidder and the unsuccessful bidder, and
when the standstill period will end.
Following noti cation to all bidders
of the results of a tender, there is a
mandatory standstill period before a
the value of the tender is above speci ed
thresholds (see table, p84). Contract
opportunities below the threshold values,
but over £10,000 (central government) or
£25,000 (sub-central government) must
still be published on the government’s
Contracts Finder website (pictured
below; available via www.is.gd/horage)
to allow all interested parties the
opportunity to respond. Understanding
whether a tender is subject to the
public procurement regulations enables
authorities to follow the correct
processes, and allows bidders to know
what to expect, and, if they have any
concerns about decisions, when
they may bring a challenge.
If a tender is regulated
by public procurement
law, authorities must use
one of several speci ed,
complex processes
in order to evaluate
84 www.operationsengineer.org.uk Winter 2021
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