Accessing public sector contracts if there’s no Brexit deal
Published 13 September 2018
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Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.
However, the government must prepare for every eventuality, including a no deal scenario. For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU on 29 March 2019.
It has always been the case that as we get nearer to that date, preparations for a no deal scenario would have to be accelerated. We must ensure plans are in place should they need to be relied upon.
In the summer, the government published a series of 106 technical notices setting out information to allow businesses and citizens to understand what they would need to do in a no deal scenario so they can make informed plans and preparations.
This technical notice offers guidance for continued planning in the event of no deal.
Also included is an overarching framing notice explaining the government’s approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.
We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.
Before 29 March 2019
Under the UK’s EU membership, all procurement opportunities that fall within the scope of the EU procurement directives are advertised on the Official Journal of the European Union (OJEU) via Tenders Electronic Daily (TED).
Procurement opportunities for below threshold contracts not falling within the scope of the EU procurement directives are advertised on ‘domestic’ portals such as:
- Contracts Finder
- Public Contracts Scotland
- Sell2Wales
- eTendersNI
After March 2019 if there’s no deal
If the UK leaves the EU in March 2019 with no deal in place regarding future arrangements on access to OJEU/TED, a replacement UK-specific e-notification service will be made available. Changes to the procurement rules will be made via amendments to existing legislation, to ensure continued operability.
All contract opportunities that would currently be published on OJEU/TED would be published on the new UK e-notification service. This would be in line with the current requirements to send notices to the EU Publications Office for publication on OJEU/TED. Publication would take place electronically and the service will be free for all users.
The UK is also aiming to accede to the WTO Agreement on Government Procurement (GPA). The UK currently participates in the GPA by virtue of its EU membership.
Implications
Contracting authorities and entities
Contracting authorities and entities would need to ensure their contract notices are published on the UK e-notification service rather than OJEU/TED.
The requirement to advertise in Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales and eTendersNI would remain.
Those contracting authorities and entities who are currently working with a third party such as an ‘E-Sender’ or ‘E-Publisher’ to publish to OJEU/TED should be able to continue to work with their provider to publish on the UK e-notification service.
Contracting authorities and entities that place their contract opportunities directly on to OJEU/TED will be contacted to ensure that they are familiar with the new UK e-notification service.
There will be more engagement on about how to deal with ongoing procurement procedures in the handover period between the two systems nearer the time. This will be described via appropriate communication channels and in guidance, which will be made available on GOV.UK
Suppliers
Suppliers wishing to access contract opportunities from the UK public sector will need to access the new UK e-notification service. The UK e-notification service will be available from Exit day.
Suppliers can continue to access the relevant domestic portal, such as Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales and eTendersNI.
Suppliers who wish to access contract opportunities from the EU may continue to do so via OJEU/TED. Additional information on this has been published by the EU.
E-Senders
E-Senders are involved in the technical changes being made and participating in testing to allow them to make any changes that are required to ensure continued operability.
Further information
We will publish more information in a series of guidance notes on GOV.UK nearer to the time. You can find more technical information in the Statutory Instruments once they’re published.
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.