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Post OJEU era starts with new construction tenders website

Construction firms are being urged to sign up for the government’s new Find a Tender website, which replaces the Official Journal of the European Union (OJEU).

All future public sector contracts are set to be advertised on Find a Tender, following the UK’s departure from the European Union at the start of this year. While the UK is no longer bound by EU Procurement Regulations, the public sector is still bound by the Public Contracts Regulations 2015.

Pagabo national framework manager Jonathan Oram said the government was preparing to make to the current suite of procurement regulations, with some “interesting thoughts” in its ‘Transforming Public Procurement’ green paper published in December last year. Among the proposals to attract Oram’s attention were plans for a ‘Competitive Flexible Procedure’ which would replace some existing procedures (such as competitive dialogue, competitive procedure with negotiation, innovation partnerships and design contests) and give commercial teams flexibility to design a compliant procurement process that meets the needs of the market.

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Oram said: “The green paper also talks about the possibility of open frameworks to introduce more flexibility. As it stands, frameworks are locked, and once suppliers are appointed there is currently no mechanism within the regulations to add on new suppliers during the term of a framework agreement. The new proposed open type of framework would, at specified intervals, allow new organisations to bid to be part of the framework and for existing organisations to update their previously successful bid to reflect the prevailing market conditions.

“The Dynamic Purchasing System (DPS) process is also set to be reviewed again. The rules were made more user-friendly in PCR2015 compared to PCR2006, but the expansion of the scope and flexibility of DPS could see it fit for wider purposes, with the creation of DPS+. Dynamic purchasing systems are starting to be become more prevalent and are proving to be a very useful tool for public sector organisations in supporting local and social value agendas.

“Ultimately, introducing much more flexibility is the biggest thing we are expecting to see in procurement over the coming years, ensuring that the best results can be delivered for clients on a case-by-case basis.”

Centralised database

Meanwhile, the government is working towards a centralised procurement database, on which company details will exist and link together with tender processes.

Oram added: “In reality, this is something that has needed to happen for a number of years and making this standard practice will really help to reduce costs, as well as remove barriers for SMEs, and help with government initiatives to engage with these companies more on procurement activity.

“There is also a proposed requirement to provide more information throughout the life of a contract. This could be via an opensource data standard such as Open Contracting Data Standard (OCDS), which is used by more than 30 governments around the world and would allow more transparency and quicker transfer of information. By having this openness, supply chains should run more smoothly and ensure that the correct suppliers can be engaged at the appropriate points.”

And he said he expected to see a tightening up around suppliers past performance and how that may influence a bid.

Oram predicted that short-term Brexit is going to have “minimal impact” on the procurement regulations (PCR2015). Amendments to PCR2015 are expected to take place over the next 12 to 18 months and to be released as PCR2022.

However, there are already some additional requirements being implemented alongside the current PCR2015 requirements that tie into the government’s procurement strategies surrounding social value, carbon neutrality and SME engagement.

Any future amendments would still have to be in line with the principles of the Government Procurement Agreement (GPA), which is an agreement for World Trade Organisation (WTO) members, including the UK.