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Government publishes public-sector procurement advice on no-deal Brexit

Thursday 5th September, 2019

The Government has published guidance information for public authorities, businesses and other organisations on the outcome for public procurement policy in a no-deal Brexit scenario.

If the UK leaves the EU without a deal, the public procurement regulations will remain broadly unchanged after Brexit, according to the Cabinet Office.

In March 2019 the Minister for the Cabinet Office made a Statutory Instrument (SI) which will amend the procurement regulations to ensure that they continue to operate effectively after exit day.

For the most part the legal framework for public procurement and in particular, the different procedures available to contracting authorities and entities will remain exactly the same. Only one key difference for contracting authorities will be the need to send notices to a new UK e-notification service instead of the EU Publications Office.

Contracting authorities have a legal obligation to publish public procurement notices. In a no deal scenario, contracting authorities may no longer have access to the EU Publications Office and the online supplement to the Official Journal of the EU (OJEU) dedicated to European public procurement (i.e. Tenders Electronic Daily TED). Therefore, the government has amended current legislation to instead require UK contracting authorities to publish public procurement notices to a new UK e-notification service Find a Tender (FTS).

Contracting authorities which are currently working with a third-party provider (for example, an ‘e-Sender’) to submit notices to OJEU/TED should be able to continue to use them provided that the e-Sender successfully completes integration work to post notices to Find a Tender.