Public Procurement Brexit Update: Procurement Policy Note 08/20 and the introduction of Find a Tender

On the 23rd November 2020, the Cabinet Office released a new Procurement Policy Note (“PPN”) confirming one of several changes arising from the Public Procurement (Amendment etc) (EU Exit) Regulations 2020 (SI 2020 No.1319) (“2020 Regulations”).

As previously reported, with effect from 23:00 on the 31st December 2020 (“the end of the Transition Period”), the UK will no longer publish electronic notifications in the Official Journal of the European Union’s Tenders Electronic Daily (“OJEU/TED”), rather notices are to be placed in the “UK e-notification service” called “Find a Tender” (“FTS”).

Paragraph 10 of the PPN reminds Contracting Authorities that third party providers who submit notices to OJEU on their behalf must be able to submit notices to FTS.

Those Contracting Authorities who publish directly to OJEU/TED will be required to create a Supplier Registration Service account. If the Contracting Authority is an existing user of Contracts Finder, then no further action needs to be taken.

Please note that the use of FTS after the end of the Transition Period is applicable for new procurements. Where the procurement has been launched before the end of the Transition Period, the Contracting Authority will need to continue publishing its notices on OJEU/TED. For such procurements, paragraph 18 of the PPN requests that Contracting Authorities publish to FTS as well as OJEU. While not a legal requirement, this will help UK tenderers so that they only have to look in one place for UK opportunities. Details of the outcomes of such procurements should however be published first to OJEU/TED, before FTS.

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We have extensive experience advising on public procurement under the PCR, UCR and CCR regimes, and would be happy to advise further on how to manage your procurement process in light of the UK leaving the EU.

This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any of the issues raised in this article, please contact us today by telephone or email enquiries@sharpepritchard.co.uk.

Posted in Brexit, Latest news and blog, Procurement.