0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

new EU regulation to establish standard form public procurement notices

20 May 2019

This article is taken from May's public matters newsletter. Click here to view more articles from this issue.


The digital transformation of public procurement has been a hot topic and the European Commission recognises that standard form notices are instrumental in that transformation.

A draft implementing regulation ('the Draft Regulation') has been published by the Commission, which states that “in order to ensure the standard forms’ effectiveness in a digital environment it is necessary to adapt the standard forms set out in Implementing Regulation (EU) No 2015/1986”.

Due to the number and extent of amendments required, the draft regulation states that Implementing Regulation (EU) No 2015/1986 ('2015 Regulation') should be replaced.

The Draft Regulation establishes the following standard forms:

  • ‘Planning’ - to be used for the publication of prior information notices, periodic indicative notices used for information only, and notices of the publication of a prior information notice on a buyer profile.
  • ‘Competition’ - to be used for the publication of prior information notices used as a call for competition, contract notices, notices on the existence of a qualification system, concession notices and design contest notices.
  • ‘Direct award preannouncement’ - to be used for the publication of voluntary ex ante transparency notices (VEAT).
  • ‘Result’ - to be used for the publication of contract award, concession award and design contest result notices.
  • ‘Contract modification’ - to be used for the publication of contract modification notices.
  • ‘Change’ - for changing and cancelling the notices listed above.

Further details of the information to be included in each standard form are given in the Annex to the draft regulation.

A key distinction between the 2015 Regulation standard forms and those set out in the Draft Regulation will be that the 2015 Regulation standard forms are required to be filled out manually, whereas the new standard forms will be established to utilise software systems which automatically fill in information from previous notices, tenders, contracts and such like. The new standard forms will be comprised of mandatory and optional fields.

The repeal of the 2015 Regulation will take effect from four years after the publication of the Draft Regulation.

The Draft Regulation will come into force on the 20th day following its publication in Official Journal of the European Union. It will apply for three years after coming into force. The Draft Regulation states that the length of the implementation timings will be reflective of the time required to prepare electronic versions of the new standard forms which can be used for actual data exchange.


Receive our latest government sector news

Choose the way you want to keep up to date with our latest updates and insights. Sign up to our monthly newsletter or join the conversation with our team on LinkedIn.

Sign up to receive updates >

Follow our LinkedIn showcase page >

<>

training and events

17Sep

In-house lawyers' update Manchester office

Our next in-house lawyers' sessions will give in-house lawyers the tools and strategies for dealing with some of the problems caused by recent changes to the law.

View event

25Sep

In-house lawyers' update Nottingham office

Our next in-house lawyers' sessions will give in-house lawyers the tools and strategies for dealing with some of the problems caused by recent changes to the law.

View event

focus on...

Legal updates

Effective OJEU contract notice defeats claim for declaration of ineffectiveness

High Court dismissed a claim for a declaration of ineffectiveness for a contract entered into by Basingstoke and Deane Borough Council (the Council) and Newriver Leisure Limited (NLL) for a major regeneration scheme on Basingstoke Leisure Park.

View

Upcoming webinars

Parallel imports what brand and IP owners need to know

Parallel importers seek to exploit price differentials for goods sold in different countries.

View

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Public matters - August 2019

This month includes third country bidders and goods in the EU procurement market, framework agreements, conservation newsletter, first ICO fines under GDPR and the government's MSA review response.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up