Government issues guidance on e-procurement and electronic communication
The Government has issued guidance on e-procurement and electronic communication between contracting authorities and suppliers, including the use of e-auctions.
A Cabinet Office and Crown Commercial Service procurement policy note issued last week covers:
- Overview: the e-communication rules; what has changed; which regulations need to be referred to;
- Phasing-in of rules on e-communication;
- Oral communications;
- Security requirements;
- E-auctions;
- Electronic catalogues.
It also includes various FAQs:
- What is the difference between ‘e-procurement’ and ‘e-communications’?
- As e-communication will be compulsory in due course, will there be a central e-communication solution in England?
- Given the acknowledged benefits of e-communication, why do the Regulations postpone the obligation for e-communications?
- Can authorities and suppliers meet the obligation to use e-communications by use of ordinary office email?
- Is there a requirement to use advance electronic (digital) signatures supported by qualified certificates?
- If authorities decide to use advanced e-signatures, how have the rules changed?
- Under what circumstances are authorities not required to use e-communication?
- How should the phrases “in general use”, “generally available,” “related tools devices, applications or equipment” in Regulation 22(2), 22(3) and 22(13) be applied?
- Is early market engagement covered by the e-communication requirement?
- What is the security framework mentioned in the directive, and how is it transposed in the Regulation?
- What are the different ‘stages’ of the procurement process referred to in Regulation 22(18) for which the level of security is to be decided?
- May authorities set a generic level of security for the different stages across all procurements or does a separate decision need to be made for each stage of every procurement?
- Which stage[s] is likely to require the highest level of security?
- Electronic catalogues are to be provided in accordance with the technical specifications and format established by the authority. What does that mean?
- I am about to submit a Contract Notice for a procurement under the Restricted Procedure, what procurement documents do I have to provide?
- What about procurement documents in the competitive procedure with negotiation, competitive dialogue and innovation partnership, where some documents may depend on the outcome of negotiations or dialogue?
- Regulation 53(1) just refers to a ‘notice’ not a ‘contract notice’. Does this mean I have to publish the full suite of procurement documents even when I’m merely publishing an ordinary Prior Information Notice (PIN) as a means of early market warming?
- Are there circumstances in which a contracting authority is not required to make documents available online?
A copy of the Cabinet Office and the Crown Commercial Service’s procurement policy note can be viewed here.