Public Procurement

Public Contracts Regulations 2015 - Regulation 108

Pedro Telles

Aug 13, 2015 — 1 min read

Regulation 108 - Publication of information on Contracts Finder about contracts awarded

This Regulation establishes the obligation for contracting authorities to publish on Contracts Finder certain information about contract awards. This obligations kicks in once the contract award notice has been sent to the EU Publications Office or a contract has been awarded under a framework agreement. According to paragraph 4, contracting authorities have to comply within a "reasonable time", whatever that may be.

Paragraph 2 defines what information is to be submitted to Contracts Finder (name of contractor, date and value) but paragraph 3 establishes exceptions to this rule. These exceptions are identical to the ones found on Regulation 50(6) for the information that is to be submitted to the EU Publications Office. Speaking of which, the contract award notice must not be published on Contracts Finder before it is entitled to do so under Regulations 52(3) and (4).

As with the previous two Regulations, any guidance produced by the Minister for the Cabinet Office shall be regarded by contracting authorities (paragraphs 6-8). Contrary to Regulation 107 there is no indication of consequences for the contracting authority in case it does not do so.

Similarly to the submission of the tender notice of Regulation 106, it is possible that an automatic system may be put in place to scrape the contract award data from the EU Publications Office, saving the contracting authority the duplicate work of doing it again for Contracts Finder. Mandatory e-procurement cannot come fast enough.

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