As of 1 January 2021 procurement notices from UK Contracting Authorities and Contracting Entities will not be published anymore within the OJEU as the EU rules on public procurement will cease to apply to and in the United Kingdom. Procurement notices in relation to procedures published by 31 December 2020 will still be published as there is an obligation on UK Contracting Authorities and Contracting Entities to still apply EU law to on-going procedures (i.e. those published by 31 December 2020) and, therefore, an obligation to send their relevant notices (e.g. contract notices, contract award notices, contract modification notices) to TED.
Has Brexit affected the tenders available to OJEU Finder?
The new UK ‘above’ thresholds are based on the GPA thresholds, which is what EU members currently follow. This means that the changes to the thresholds will be minimal.
In terms of the WTO and their impact to public procurement, they have additional principles that the UK must now follow.
The new WTO procurement principles consist of:
- Value for money
- Public good
These principles also include the previous EU principles of transparency, integrity, non-discrimination and fair treatment of suppliers. There will be more focus on the environmental, economic and social side of public procurement in order to encourage contracting authorities to move away from seeing a sole importance in the ‘lowest bid’.
What is the World Trade Organisation’s (WTO) Government Procurement Agreement (GPA)?
The WTO’s GPA is a voluntary trade agreement that governs public procurement. Procurement in the UK Post-Brexit followed rules set by OJEU; these rules will now shift to be in line with the GPA. The GPA includes both EU member states and non-EU states. It also outlines procurement principles, thresholds and rules that all those in agreement must adhere to. This agreement will allow the UK to have access to international public procurement.