New Public Procurement Regulations to come into force on 26 February 2015

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It was announced on 6 February 2015 that the Public Contracts Regulations 2015 (SI 2015/102) (the Regulations) will come into force on 26 February 2015, replacing the Public Contracts Regulations 2006. This follows on from a consultation that took place between the 19 September 2014 and 17 October 2014 and the Government’s subsequent response on 30 January 2015.

The new Regulations in part implement the public contracts part of a collective of EU procurement legislation encompassed in three Directives: Utility Contracts Directive 2014/25/EU, Concessions Directive 2014/23/EU and Public Contracts Directive 2014/24/EU. The Utilities and Concessions Regulations have yet to be issued. We will let you know as soon as we get a better indication of the likely date.

In addition to implementing the Directive for Contracting Authorities, the Cabinet Office has included a new regime which will apply to procurements valued at less than the EU thresholds but above £25000 (£10,000 for a Central government Department). The commencement of these new rules is delayed until 1 April for all contracting authorities except those which “which perform their functions on behalf of the Crown”. In addition therefore to ensuring that procedures for “OJEU” procurements meet the amended requirements authorities also need to ensure their sub threshold procedures are compliant