Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
It’s crunch time on 29 January, as Parliament prepares to vote on Plan B of Theresa May’s Brexit deal. If unsuccessful, the UK could be leaving the EU without a deal on 29 March 2019!
Inevitably, a no-deal outcome will have a significant impact on a number of our sectors, but what does this actually mean for public procurement?
Currently, the UK operates under the Public Procurement Directives set out under the EU Legal Framework. Therefore, most procurement by local authorities, housing associations and care providers is governed by the Public Contracts Regulations 2015.
If it’s a (Plan B) deal…
Nothing changes! The UK will continue to operate as it presently does under the Regulations, with full access to be able to publish notices in the Official Journal of the EU (OJEU).
If it’s a no deal…
The Regulations will largely remain the same, although they will be amended slightly to ensure that they remain operable and functional after Brexit. There will be no ‘UK versions’ of procurement documents; it is intended that the existing procedures and processes will continue as they are, but with one key difference – the UK will no longer have access to OJEU!
The impact of the loss of OJEU is more administrative than anything else. In simple terms, a new UK e-notification service, which is being set up by the Government, will replace OJEU. This new service will be up and running, ready for use on Brexit day, so notices that are legally required to be published on OJEU will be replaced with notices on the UK e-notification service.
However, the requirements to publish other opportunities on the UK domestic portals (such as Contracts Finder and Sell2Wales) will still apply; i.e. notices will still need to be sent to both the domestic portals and the UK e-notification service.
What to do next?
UK contracting authorities and entities currently using e-Senders (i.e. third parties) to submit OJEU notices will need to ensure that their e-Sender has successfully integrated the new UK e-notification service.
For contracting authorities who submit notices directly to OJEU, they will need to register notices directly with the new UK e-notification service instead of OJEU (the Government will provide further information on this in due course).
Suppliers looking for UK contract opportunities will need to access the UK e-notification service instead of Tenders Electronic Daily (TED).
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
A recent case throws light on the scope of the exemption for “land transactions” from the need for an OJEU tender process.
A leaked report into maternity services at the Shrewsbury and Telford Hospitals NHS Trust revealed by The Independent has been described as the “largest maternity scandal in NHS history”.
The Pensions Regulator is showing its determination to improve the prudent management of Local Government Pension funds by digging deep into the internal workings of these funds.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.