Reform of Public Procurement Law after Brexit

Article by Achilles

Whitepaper written by Steve Kay, LLM MCIPS, advisor and trainer in EU and UK public procurement law at Achilles

Date: 26 January 2021 | Time to read: 15 mins

Brexit offers the opportunity for the Government to reform public procurement law. The proposed changes are far reaching and aimed at widening the focus of public procurement law after Brexit and also having a simplified and less bureaucratic legislation. The proposed legislation will be based on wider principles than currently and have wider objectives than just opening up international trade. It is proposed that the existing 4 sets of Regulations will be condensed into one set, with sector-specific sections where necessary.

Some key takeaways are:

  • The various procurement procedures currently in existence will be reduced to just 3 under the proposals.
  • The rules on selection and award will be modified under the proposals including the potential introduction of a centrally managed debarment list and a centrally held supplier registration system.
  • A modified version of the Dynamic Purchasing System (DPS) called DPS+ is proposed to replace both the existing version of the DPS and the Qualification System.
  • It is proposed to restructure the provisions on Framework Agreements to include open and closed variants. The open version will allow the admittance of new suppliers during its term.
  • Under the proposals for transparency, greater emphasis will be put on making information on individual award procedures more widely available, in an open format.
  • There are proposals to reduce cost and delay within the remedies regime, focused mainly on changes within the courts system.

In this whitepaper, Steve provides a summary of each chapter in the green paper, focussing on post-Brexit procurement law.

Download our whitepaper to understand the ideas put forward in the green paper and their potential implications for procurement practitioners.





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