This post sets out the key developments in public procurement legislation and policy that lawyers need to be aware of and covers the period from December 2016 to February 2017. The post does not consider case law as this is covered in our monthly public case digest. For a summary of the latest cases, see Public Procurement case digest (January 2017). A new case digest covering cases from February and March 2017 will be published at the start of April.
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European Commission publications
The European Commission has issued the following publications:
- On 31 January 2017, the European Commission published Implementing Decision (EU) 2017/168 identifying 27 internet technical specifications for referencing in public procurement in the Official Journal.
- On 24 January 2017, the European Commission published its report to the European Parliament and the Council on the effectiveness of Directives 89/665/EEC and 92/13/EEC as modified by Directive 2007/66/EC, concerning review procedures in the area of public procurement.
- On 20 January 2017, the European Commission published a consultation document on setting up a proposed voluntary ex ante assessment mechanism for large infrastructure projects.
Crown Commercial Service policy notes
The Crown Commercial Service (CCS) has issued the following policy notes:
- On 16 February 2017, the CCS published Procurement Policy Note 01/17-The Transparency of Suppliers and Government to the Public.
- On 5 December 2016, the CCS published Procurement Policy Note 10/16, dealing with onerous practices in procurement and contracting which result in disproportionate risk transfer between buyers and suppliers.
Other government publications
- On 16 February 2017, the Government and the European Union published state aid and technical assistance guidance documents in relation to the European Structural and Investment Funds.
- On 13 February 2017, the Department for Communities and Local Government published a proposal for consultation on an addition to the Best Value Statutory Guidance.
- On 30 January 2017, the Single Source Regulations Office published a consultation on recommendations for review of Part 2 of the Defence Reform Act 2014 and the Single Source Contract Regulations 2014.
- On 23 January 2017, the government published a green paper, Building our Industrial Strategy, launching a consultation on the UK’s industrial priorities. The green paper provides a useful summary of the government’s current initiatives, containing infrastructure and procurement items.
- On 13 January 2017, the Department of Health published updated terms and conditions for NHS bodies procuring goods and services.
We have published the following blogs likely to be relevant to procurement practitioners:
- Our Public procurement case digest (December 2016).
- Our Public procurement case digest (January 2017).
- Section 46 of the Public Contract Regulations 2015 refers to division of contracts into lots. Are there any reasons why a contracting authority may decide not to divide a contract into lots?
- Is it permissible to include an interview stage in the award of a contract pursuant to an above threshold works contract being procured by the open procedure under the Public Contracts Regulations 2015?
- What is the difference between a public sector grant of monies and a contract for services?