Draft Public Contract Regulations 2015

• United Kingdom

• Public procurement

15-10-2014

The UK Government has published the eagerly awaited draft regulations to implement the new Public Sector Directive.

Consultation will be open until 17 October 2014. You can respond to: transposition@cabinet-office.gsi.gov.uk.

The Consultation Documents can be found at: www.gov.uk/government/consultations/transposing-the-2014-eu-procurement-directives

The Consultation Document explains that it focuses primarily on the new Public Sector Directive. It confirms that there will be subsequent consultation documents covering the draft implementing regulations for the new Utilities Directive and the new Concessions Directive. However, the documents explains that many of the provisions in the Public Sector Directive are analogous to provisions in the other two Directives. The Government therefore intends to use the consultation to cover generic matters that are applicable to all three Directives. This will enable greater focus on matters unique to the Utilities and Concessions Directives at the relevant time.

The consultation document is in two parts and four annexes as follows:

 
Part 1 sets out the background, scope and general instructions on how to respond;

Part 2 introduces the draft regulations and seeks responses on various technical, drafting and other issues;

Annex A contains a draft of the Public Contracts Regulations;

Annex B summarises the proposed policy positions taking account of ministerial priorities and stakeholder feedback;

Annex C lists Central Government authorities for the purpose of Schedule 1 to the Regulations; and

Annex D contains a summary of the Standard Forms required by the new Directive and our suggestions for interim measures.

We will be submitting comments as a firm. If you wish to discuss any aspect of the draft regulations or the consultation process more generally please contact your usual Eversheds procurement team member or contact us as below.