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SPOTLIGHT |
SPOTLIGHT |
The European Commission has published a Communication “Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis”. Susie Smith examines what it has to say.
The Guidance 2020/C 108 1/01, which can be viewed here, discusses three methods for procurement by public purchasers in responding to the current COVID-19 emergency
Negotiated procedure without prior publication of a notice – the Guidance runs through the conditions for use of this procedure. It also notes that use of this procedure is permitted only in exceptional circumstances, which are restrictively interpreted and should be considered on a case-by-case basis. The Guidance also confirms that negotiated procedure without prior publication should be used for procuring requirements to satisfy stop-gap needs only, until a more stable solution can be found such as framework contracts.
In the context of hospitals and healthcare institutions the Guidance provides some reassurance to purchasers procuring requirements in response to the COVID-19 emergency - in terms of satisfying the conditions for use of the negotiated procedure without prior publication of a notice.
PCR 32(2)(c) provides that the negotiated procedure without prior publication may be used “insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with”. [1]
The Guidance confirms, in summary, that:
Follow this link to read the Commission Communication
Susie Smith is a consultant at Bevan Brittan. She can be contacted on 0370 194 1604 or This email address is being protected from spambots. You need JavaScript enabled to view it..
For further support and advice relating to the impact of COVID-19, please view the firm's COVID-19 Advisory Service page
[1] Directive 2014/24//EU art.32(2)(c)