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The Impact of the new UK Public Contracts Regulations 2015: Optional Exclusion Grounds – Regulation 57(2)

Tuesday February 10th, 2015

PASS is running training events on The Impact of the new UK Public Contracts Regulations 2015. You cannot afford to be caught out, book your training HERE now!

 

The new UK Public Contracts Regulations 2015 have offered up a number of new Optional Exclusion Grounds.

In the new Regulations, contracting authorities are required to ‘take appropriate measures’ to prevent, identify and remedy any conflicts of interest which may arise in procurement procedures, to avoid any distortion of competition and to ensure equal treatment of all contractors.PASS New UK Public Contracts Regulations 2015

For the purpose, a conflicts of interest is identified as where a contractor, acting on behalf of the authority, is involved in the conduct of the procurement procedure or may influence the outcome and could be ‘perceived’ to have directly or indirectly, a financial, economic or other personal interest which could compromise their impartiality and independence.

Contracting authorities also have to ensure that there is no conflict of interest from prior involvement of a contractor, whether from advising the authority during preliminary market engagement or through their involvement in the preparation of the procurement procedure.

Based on these issues there are two possible exclusion options in the new Regulations, which effectively offer contracting authorities the ability to exclude contractors where a conflict of interest or a distortion of competition cannot be remedied effectively.

The issue, however, is how contracting authorities enact these measures.

 

Words: Eddie Regan  (Senior PASS Consultant) (@Eddie_Regan)

 

PASS also runs additional procurement training events for the public and private sector, including Drafting a Compliant PQQ, Writing a Tender SpecificationPre-Qualifying for Tenders and Preparing Perfect Tenders.  To view the brand new schedule of events, click HERE

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