Public Procurement

Public Contracts Regulations 2015 - Part 5

Pedro Telles

Aug 24, 2015 — 1 min read

Part 5 - REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

Albert suggested that perhaps it would be better to finish off this season of procurement tennis with a general analysis of Part 5 (paragraphs 115 - 122) instead of going article by article and I agree with his view. Therefore this is "the end", the final entry for the #pubcontregs2015...

Part 5 starts with yet another typo, again providing a clear indication of how rushed the regulations were back in February. Regulation 115 epigraph reads "Interpretation of Part 6" which is non-existent, whereas its Paragraph 1 mentions that "[i]n this part [...]." This is simply a typo, but one which could have been avoided.

Most of the Regulations in Part 5 deal with the transition between previous Regulations and the current Public Contracts Regulations 2015 and do not warrant significant comment. Regulation 117 clarifies that nothing in this Regulations affects public works concessions as defined in the 2006 Regulations (although Regulation 116 revokes the 2006 Regulations tout court...)

Regulation 120 provides a temporary exemption for certain NHS procurements until April 18th 2016. This exemption covers procurement of healthcare services for the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013. From April 2016 onwards, the Public Contracts Regulations 2015 apply instead except whereas there are specific exclusions.

Regulation 121 offers contracting authorities some flexibility on how to organise their procurement procedures until October 2018 when all procedures are to be done electronically. It is not clear to me if it applies only before each of the situations described in Regulation 1(a) to (c) occurs (ie, in the "transitional period") or if it applies after electronic procurement is supposed to be mandatory under each of those sub-paragraphs. I suspect only the first is compatible with Article 90(2) of Directive 2014/24/EU.

That's it.

On case C-652/22 Kolin Inşaat Turizm Sanayi ve Ticaret

The CJEU laid down early this week a fairly important judgment on third country access to procurement. On case C-652/22 Kolin Inşaat Turizm Sanayi ve Ticaret the Court concluded that economic operators from third countries neither party to the GPA nor with whom the EU has a deal are

All steam ahead with the revision of the procurement Directives

A couple of weeks ago a little birdie told me the Commission wanted to get the ball rolling on the revision of the procurement legal framework within the first 100 days of its term. Well, looks like they want to hit the ground running with the evaluation of the current

The Portuguese Audit Court finds systemic abuse of direct awards

Back in 2021 the then Portuguese government decided to make procurement more flexible as to ensure the Recovery and Resilience Facility money was spent quickly. In 2023 I warned about some of the risks that the reform had introduced here and here. Fast forward to 2024 and the Portuguese Audit

The Public Procurement Data Space is upon us

The Commission launched last week the PPDS, a service that is expected to aggregate data about public procurement in the EU. In essence it takes the data included in the eForms filled in by contracting authorities and makes it available to anyone. For example, it is possible to check for

Read more

On case C-652/22 Kolin Inşaat Turizm Sanayi ve Ticaret

All steam ahead with the revision of the procurement Directives

The Portuguese Audit Court finds systemic abuse of direct awards

The Public Procurement Data Space is upon us