UK to set up e-notification service for procurement in event of no-deal Brexit

If the UK leaves the EU in March 2019 with no deal in place regarding future arrangements on access to OJEU/TED, a replacement UK-specific e-notification service will be made available, the Cabinet Office has confirmed.

The announcement was contained in one of the latest in a series of guidance notes issued ahead of a potential ‘no-deal’ Brexit.

Under the UK’s current EU membership, all procurement opportunities that fall within the scope of the EU procurement directives are advertised on the Official Journal of the European Union (OJEU) via Tenders Electronic Daily (TED).

Procurement opportunities for below threshold contracts not falling within the scope of the EU procurement directives are advertised on ‘domestic’ portals such as: Contracts Finder; Public Contracts Scotland; Sell2Wales; and eTendersNI.

The Government said that if a UK-specific e-notification service were to be required after March 2019, then changes to the procurement rules would be made via amendments to existing legislation, “to ensure continued operability”.

It said: “All contract opportunities that would currently be published on OJEU/TED would be published on the new UK e-notification service. This would be in line with the current requirements to send notices to the EU Publications Office for publication on OJEU/TED. Publication would take place electronically and the service will be free for all users.”

The UK is also aiming to accede to the WTO Agreement on Government Procurement (GPA). The UK currently participates in the GPA by virtue of its EU membership.

The Cabinet Office said that in the event of no deal, contracting authorities and entities would need to ensure their contract notices were published on the UK e-notification service rather than OJEU/TED.

The requirement to advertise in Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales and eTendersNI would remain.

The Cabinet Office added: “Those contracting authorities and entities who are currently working with a third party such as an ‘E-Sender’ or ‘E-Publisher’ to publish to OJEU/TED should be able to continue to work with their provider to publish on the UK e-notification service.

“Contracting authorities and entities that place their contract opportunities directly on to OJEU/TED will be contacted to ensure that they are familiar with the new UK e-notification service.”

It also promised more engagement on about how to deal with ongoing procurement procedures in the handover period between the two systems nearer the time.

Stephanie Rickard, a partner in the procurement team at VWV, said: “Whilst the technical note may address one question about the practical implications of the procurement regime post-Brexit, there remain many unanswered questions, such as whether the UK specific system will be available for utilities procurements and what will happen about the recently introduced European Single Procurement Document (ESPD). Expect further technical notes to come.”