Public Procurement after Brexit

Whilst Brexit is far from certain, the question of what will happen to public procurement law post Brexit was clarified in the Cabinet Office’s Procurement Policy Note PPN 02/19. PPN 02/19 sets out the position in the event of either a deal or no deal exit by the UK from the EU.

Points of note are as follows:

• Action point 4 of PPN 02/19 states very clearly

“In either a deal or no deal scenario, the public procurement regime (the procurement procedures, financial thresholds, etc) will remain broadly unchanged”

• Action point 5 further explains that in the event of a deal the current regulatory framework will continue unamended during the implementation period.

• Action point 6, however, explains that in the event of a no deal a new UK e-notification system for the publication of tenders will need to be used in place of OJEU.

Contracting Authorities and Economic Operators may therefore wish to make preliminary enquiries now as to the system as registration may open well in advance of any exit.

This article has been produced for general information purposes and further advice should be sought from a professional advisor.

Article by Lisa Boyd, Director, Head of Procurement Law, Cleaver Fulton Rankin Solicitors.

 

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