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Procurement

Are you ready for post-Brexit UK public sector procurement?

Last week, the UK Cabinet Office issued a Procurement Policy Note (PPN) reminding UK contracting authorities* that when the UK withdraws from the EU they will no longer be able to publish opportunities via the OJEU Tenders Electronic Daily (TED) system**. New procurement notices normally legally required to be issued to TED will instead have to be issued to the new UK e-notification service, Find a Tender (FTS) which will go live at 23:00 31st December 2020 when the transition period ends.

Fancy a game of snakes and ladders? Following the new FTS guidance

The PPN instructs Contracting Authorities what action they will need to take, which varies depending on which other services they already use. There are also exceptions – mainly if the procurement had already been published, or a PIN issued, on TED prior to 23:00 31st December 2020 – in which case until the procurement is concluded (i.e., awarded, withdrawn etc.), all subsequent notices and stages will still have to be published through TED. The Cabinet Office does suggests replication on Find a Tender as well however.  

The Notice was accompanied by a set of FAQs and a flow chart that wouldn’t look out of place on a snakes and ladders board but, despite initial appearances, is a helpful map of the various scenarios.

But what does this mean for bidders?

If you currently bid for UK public sector contracts, you will need to use the new FTS platform, in addition to any other portals** you are already registered on.

You cannot access the FTS url, or therefore register on the platform, until it launches after 23:00 31st December 2020, but you can access test data outputs, and can also request data for testing from the Crown Commercial Services (CCS) helpdesk.

EU public sector opportunities are unaffected of course, and will still be published on TED.

So get updating those portal spreadsheets, and don’t forget to register on the new FTS.

We have a feeling the CCS helpdesk might be a little busy fielding queries for a while!

*Including Central Government Departments, Executive Agencies, Non Departmental Public Bodies, wider public sector, local authorities, NHS bodies, and utilities in respect of procurements regulated by the Public Contracts Regulations 2015, the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and The Defence and Security Public Contracts Regulations 2011 (the “Regulations”).

** None of the other public sector platforms (the Cabinet Office lists Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales, eSourcing NI and eTendersNI) will be affected.