Government issues guidance on e-procurement and electronic communication

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.