Following our briefing on 3 February there has been swift action by the Government.

The final version of the Public Contracts Regulations 2015 (PCR 15) was laid before Parliament yesterday and comes into force on 26 February 2015.

You will find the text of the PCR 15 on the link below here.

As expected the PCR 15 does not apply to procurements commenced before this time.

There are some exceptions to the commencement date, including the following:

  • 1 April 2015 – obligations on the use of Contracts Finder are deferred until this date save for contracting authorities which perform their functions on behalf of the Crown.
  • 18 April 2016 – any procurement for health care services for the purposes of the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 started before this date is not covered by the PCR 15.
  • 18 April 2017 – Central Purchasing Bodies will need to comply with electronic communications from this date.
  • 18 April 2017 – European Single Procurement Document must be available exclusively in electronic form from this date.
  • 18 October 2018 – most of the regulations on electronic communications come into force on this date though there are exceptions. These include the shortening of time periods for receipt of tenders in the open and restricted procedures where submission is by electronic means and the need to use electronic communication for dynamic purchasing systems and for electronic catalogues to comply with electronic communication.
  • 18 October 2018 – the rules on using e-Certis (the online repository established by the European Commission) come into force on this date.