EU Directives

 

What this means for Buyers and Suppliers

BiP Solutions is working with European Publications Office as an official e-sender to ensure compliance with the new EU Procurement Directives. As part of these new EU Directives we are also working closely with the UK Cabinet Office/Crown Commercial Service with regards to the publication and dissemination of low value contract notice opportunities as required by the UK implementation of the new EU Directives on Procurement.

We are working diligently to ensure that our users will among the first to benefit from the additional facilities and opportunities that will be made available as a result of the changing legislation.

Over the coming weeks and months we will be releasing a range of new innovative features and additional business opportunities as a result of the implementation of the new EU Procurement Directives into UK law.

Please select from the following:

Buyer

Supplier

Overview Overview
Features and Benefits Features and Benefits
FAQ FAQ

 

Buyer Overview

With the new UK Public Procurement Regulations being implemented on 26 February 2015 (and the Scottish Procurement Regulations following in August 2015), public sector procurement is finding it necessary to put plans into action now.

The changes that have been implemented, as a result of the new EU Public Contracts Directive on public sector procurement, are intended to simplify rules and procedures; increase the use of eProcurement; reduce the administrative burden on suppliers; and improve public procurement.

For Member States, eProcurement is soon to become mandatory, offering clarity over use of eProcurement. New requirements coming into force under the new Public Contracts Directive include that all notices are to be sent to the OJEU electronically, that all documents are to be made available electronically, and that all responses to notices are to be submitted electronically.

The new Regulations are directly applicable to central government, its agencies, non departmental public bodies (NDPBs), the wider public sector, local authorities and NHS bodies.

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Buyer Features and Benefits

 

Feature

Simpler process for assessing bidders’ credentials and increased use of supplier self-declarations.

Benefit to Buyers

Delta Feature & Benefit

Saves time with less paperwork for buyers as only the winning bidder will need to submit various certificates/documents to prove their status. This can be at PQQ or award stage.

Simplified questionnaires.

 

Feature

Distinction between Part A and Part B Services (including health and social services) removed. Replaced by a new light-touch regime for health and social services and some other limited services. For these services, OJEU advertising will apply but with a much higher threshold of EUR 750,000. Where a contract is above this threshold, a contract notice must be published.

Benefit to Buyers

Delta Feature & Benefit

Separation of services for the person from current procurement regime.

System will be compliant with the new template.

 

Feature

Conflict of interest rules. Contracting authorities will need to adopt measures to prevent, identify and remedy conflicts of interest, to avoid any distortion of competition and to ensure equal treatment of all economic operators. This will apply where relevant staff members or a procurement service provider have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the procurement procedure.

Benefit to Buyers

Delta Feature & Benefit

Ensures a competitive marketplace.

Collaboration Manager gives full control of user access within the organisation and activity log with audited record of accounts providing full audit trail.

 

Feature

Public authorities’ procurement activity statistics will be collected directly by the European Commission.

Benefit to Buyers

Delta Feature & Benefit

Save time for public authorities.

Delta already sends statistical returns electronically to Contracts Finder so buyers will automatically have their activity statistics collated.

 

Feature

Innovation Partnership. This new award procedure will enable suppliers to bid to enter into a partnership with the buying authority to develop a new product or service where a solution cannot be found in the current market.

Benefit to Buyers

Delta Feature & Benefit

Greater buyer-supplier collaboration. This procedure will allow for the development of innovative solutions in a long-term partnership between a public body and suppliers.

All notice templates will be updated with new procedure types, which will be available to be selected for publication.

 

Feature

Electronic communication/eProcurement will become mandatory 30 months after the Directive’s adoption. Transition to eProcurement across Member States mandated in line with UK ambitions.

Benefit to Buyers

Delta Feature & Benefit

Electronic marketplaces validated – the use of electronic marketplaces for public procurement to be expressly permitted, removing any doubt over their use.

  • Secure EU-compliant eTendering, from notice publication to PQQ and ITT creation and exchange; and from online response evaluation to contract award.
  • Access to an established supplier community to engage, identify, assess and qualify suppliers through online supply chain management activities.
  • Connect distributed teams pre and post tender for one-off tender exercises, repetitive procurements or as part of longer-term joint ventures.

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Buyer FAQ

Q1. What are the changes to the negotiated procedure?

A. There will be more freedom to negotiate with less constraint on the use of the negotiated procedure. Negotiated procedure will be available for any requirements that go beyond ‘off the shelf’ purchasing, which will give bidders a better opportunity to negotiate for contracts.

Q2. What are the new exclusion rules for buyers?

A. Buyers are now explicitly permitted to exclude a supplier who has been guilty of poor performance under a previous contract, meaning the public sector is better protected and good suppliers will be given a better chance of winning contracts.

Q3. What are the changes to the minimum turnover requirements for bidding organisations?

A. Buyers will not be able to set company minimum turnover requirements at more than twice the contract value.

Q4. What are the rules on preliminary market consultation?

A. Preliminary market consultation is encouraged – new rules will enable preliminary market consultation between buyers and suppliers, allowing buyers to engage more with the private sector marketplace.

Q5. What are the changes at award stage?

A. There will be more legal clarity for buyers. Buyers will be able to take relevant bidder skills, qualifications and experience into account at the award stage, where appropriate (for example: consultants, lawyers, architects).

Q6. Are the thresholds changing?

A. No. However, the EU Directive included a binding commitment to review the thresholds, taking into account the current economic market, within 30 months of the Directive’s transposition (April 2016).

Q7. What are the thresholds for contract copies?

A. Authorities shall retain copies, at least for the duration of the contract, of all contracts with a value equal to or greater than €1,000,000 in supply or service contracts and €10,000,000 in works contracts.

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Supplier Overview

With the launch of the new Public Contracts Regulations 2015 on 26 February in England, Wales and Northern Ireland, there is now a mandatory requirement for public sector buyers to publish all contracts from £10,000 via a centralised government portal (Contracts Finder).

BiP Solutions Ltd has been working in partnership with the UK Government and the European Publications Office to facilitate these changes and will be the first provider in the market to be fully compliant with the new legislation. Our close relationship with the Crown Commercial Service has ensured that we are one step ahead with regard to implementing a fully automated process for buyers and providing best-in-class business growth solutions for suppliers.

Tracker remains Europe’s largest database of public sector contracts and awards and provides vital intelligence and information that no other government or commercial service provides. Key points to note:

  • In addition to Tracker’s comprehensive existing data sources, we will also have a direct feed to Contracts Finder to give you access to ALL published low value contracts and awards.
  • Our in-house Research Team will be reviewing and sourcing additional content to add to our extensive range of business intelligence to give our customers even more of a competitive edge.
  • Tracker has invested in sourcing more Global contracts with a focus on key sectors including defence, health, infrastructure and IT.
  • Tracker continues to invest heavily in product development – 2015 will see an exciting range of new functionality and features that will facilitate a seamless ‘one stop shop’ for procurement.
  • Our relationship with our sister product Delta eSourcing will facilitate a streamlined, holistic platform for interactive engagement with buyers and suppliers alike.

The launch of the Public Contracts Regulations 2015 is a positive market development which not only simplifies procurement but, importantly, opens up more opportunities for businesses to work successfully within the public sector market. To find out more about the Public Contracts Regulations 2015 and how your business could benefit from access to Tracker.

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Supplier Features and Benefits

Key benefits to suppliers

How BiP Solutions’ tendering intelligence tools can help you find and win more public sector contracts

It’s now even easier for suppliers to work with the public sector – more supplier self-declarations, less paperwork with only the winning bidder having to supply full documentation.

Take advantage of this great opportunity to work with the public sector by accessing Europe’s largest database of contract and award notices. Tailored searching functionality by contract type, awarding authority, estimated annual value (EAV) provide specific ways of refining your search results, ensuring you never miss a relevant opportunity.

More opportunity to bid for particular contracts – new procedure in place to encourage more dialogue between buyers and suppliers.

We facilitate this by clearly signposting in the contract where this new “Competitive procedure with negotiation” will be used

Best practice guidelines in place to ensure that the ‘fittest’ suppliers win the race.

Our training arm, PASS, gives access to unique training and consultancy programmes to ensure suppliers are fully equipped to compete and deliver winning bids.

Reduced turnaround for bid submissions gives suppliers quicker turnaround times for winning business and maintaining a healthy cash flow.

Early intelligence and being proactive will be key to being business ready. We provide full contract details as well as vital intelligence to signpost upcoming frameworks, pipelines and news to inform business strategy. We also identify all contracts with shortened deadlines, helping customers prioritise submissions and get faster growth results.

Mutual/social enterprises have more chance of winning public sector business.

We will provide access to all these contract types below and above the OJEU threshold levels.

You no longer have to demonstrate that your turnover is at least double the contract value – more scope for companies of every size to win more business.

Having access to our services will provide an instant line of sight to all these additional opportunities.

Greater buyer-supplier collaboration. Another new procedure type offers more opportunities for niche and innovative suppliers to work with the public sector.

We clearly signpost this new procedure type – ‘Innovation Partnership’ – making it easy for suppliers to identify and bid for relevant contracts.

Preliminary market consultation should help to facilitate better specifications, reduce procurement times and improve buyer-supplier relationships.

Our events and exhibitions arm provides a full annual schedule of buyer and supplier engagement events to facilitate productive and early dialogue.

The public sector will be able to evaluate skill sets and experience – provides more confidence in the experience of individuals within a supplier organisation and greater probability of their availability to perform the service.

Supplier expertise will receive greater recognition during the evaluation of contract bids.

New distinction between Part A and Part B services will lead to more transparency and opportunity with the introduction of an increased OJEU threshold (EURO 750,000) for Health and Social Services

Our database includes all contract notice and award information regardless of value, through our relationship with the OJEU and our dedicated in-house research department.

Introduction of e-Certis provides more clarity for suppliers looking to work abroad in EU Member States.

Take advantage of this great opportunity to work with the public sector beyond the UK by accessing Europe’s largest database of contract and award notices.

Good news for green business – addresses key UK initiatives on social, employment and environmental inclusion. Imperative that suppliers adopt best practice green credentials to optimise their chance to win public sector contracts.

Our training arm, PASS, provides access to unique training and consultancy programmes to help suppliers develop and maximise their credentials, win more tenders and grow their business.

Introduction of e-communication systems e,g. online tendering, means there should be no restriction on suppliers’ accessing the procurement procedure and eliminates costly and time-consuming processes (printing, posting etc).

We provide customers with clear information about where they can access and download the documentation.

Online tender submission documents – quicker, easier access and greater transparency for suppliers from the outset.

We provide customers with access to information about where they can find, download and submit documentation.

Introduction of electronic catalogues should make commodity procurement, in particular, easier to display to users, especially in Framework Agreements and Dynamic Purchasing Systems.

We provide customers with access to information about where they can find and download the documentation as well as clearly signposting Framework Agreements before they’re due to be renewed.

Stricter confidentiality – greater protection of Intellectual Property Rights and confidential information provided by suppliers.

Peace of mind that any submissions will be treated in confidence – another benefit to working with the public sector.

Dynamic Purchasing Systems – simpler qualification for suppliers, making is much simpler to win quick business.

We indicate clearly from the outset when this procedure type will be used for procurement opportunities.

Extended time limits for the receipt of tenders where additional information is not supplied – simplified process for suppliers.

This provides protection for suppliers from buyer errors.

Prior Information Notices as a ‘Call for Competition’ may help contracting authorities to establish interest in their procurement and attract more suppliers.

Prior Information Notices as a ‘Call for Competition’ may help contracting authorities to establish interest in their procurement and attract more suppliers.

Speedier notification of contract award notices which means suppliers can engage with prime contractors and find sub-contracting opportunities more quickly.

We provide all published contract award notices and customers can easily search for awards only.

If a contract includes an extension period, the overall value needs to include this too. This provides a clearer understanding of the budgetary requirement during the life of the contract.

We provide an “EAV” ‘value slider’ for all high value contracts to make it easy for suppliers to quickly identify revenue potential.

‘Life-cycle costing’ has been introduced – there will be additional opportunities for suppliers now that buyers are required to forecast life-cycle requirements.

This will enable suppliers to showcase the long-term benefits of their products rather than relying solely on purchase price.

Introduction of government portal (Contracts Finder) for contracts over £10,000 in England, Wales and Northern Ireland will make it easier to find basic contract information, but not all contracts will be available due to government exemptions.

We have an established partnership with Contracts Finder (CF) and our services will include all contract opportunities from CF, plus low value opportunities from Scotland and the Republic of Ireland, as well as high value contracts from Europe and beyond.

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Supplier FAQ

For suppliers, the process of bidding for public contracts should be quicker, less costly and less bureaucratic while the new Regulations should also enable suppliers to compete more effectively.

Q1. Will all contracts be published on the government Contracts Finder portal?

A. No – there will be exemptions where there is no legal obligation for the buyer to publish on this portal. BiP’s tendering intelligence solutions will, however, publish all low and high value UK contract notices and awards, regardless of their original place of publication.

Q2. Will the full contract notice be available on the government portal i.e. will it be a one stop shop?

A. No – the legal requirement is that the buyers meet the minimum publishing requirements, not that these are published on the portal. This means that you may be redirected to another source to retrieve the full contract or award notice. Tendermatch solutions will contain full contract and award information in the one place.

Q3. Do the new Regulations make it any easier to break in to the public sector marketplace?

A. Yes – more transparency and less bureaucracy means that suppliers will haveaccess to more opportunities. The introduction of streamlined procurement processes to reduce the red tape involved in completing pre-qualification questionnaires (PQQs) will make it easier for suppliers to find and respond to contracts.

Q4. What are the payment terms if you are awarded a public sector contract?

A. Importantly, the new legislation makes it mandatory to pay all suppliers within 30 days of invoice, allowing suppliers to maintain a healthy cash flow.

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For further information please contact us at tendermatch@bipsolutions.com or call on 0141 332 8247

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Related Links

File

Link

Public Contract Regulations 2015

Procurement Policy Note

Guidance to transparency regulations

EU Procurement Directives Training

EU Procurement Directives training Q&A

EU Procurement Directives training handbook

Public Contracts Regulations 2015 – Pre Qualification Questionnaires

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