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Brexit latest: publishing contracts if there’s no deal

Posted On: 21st January 2019

Crowds representing UK and EU flags

After a tumultuous week in Westminster, the situation surrounding the UK’s exit from the EU continues to be dynamic. Although the ‘meaningful vote’ of 15th January has now taken place, and the Government has survived a no-confidence vote,  much remains to be decided and clarified – not least before the next vote, currently scheduled for 29th January.

However, preparations are underway for various outcomes, and what their effect will be for public procurement in the UK. At BiP Solutions, we are working hard behind the scenes to ensure it continues to be ‘business as usual’ for our customers post 29th March and are pleased to share the update below.

What has the Government said about ‘no deal’?

As previously described in a technical note published in September, the Government has stated that it will ensure that the regulation for public procurement will continue to function in the “unlikely event” of a ‘no-deal’ exit. Current regulations will be adapted as necessary to remain in operation, should this situation arise. The Government reassures that most procurement regulations “will remain exactly the same.”

What might change?

If the UK leaves the EU without a withdrawal deal being agreed, the key change for public procurement will be that contracting authorities would be required to send notices to a new, UK-specific e-notification service. This would replace the need to send to the EU Publications Office and Tenders Electronic Daily. Advertising in Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales and eTendersNI would remain a requirement, as is currently the case.

As a leading e-Sender, BiP Solutions has been working closely with the Cabinet Office to develop this new service.

What will reduce the level of action needed?

As we understand the Cabinet Office’s current guidance, contracting authorities which currently use an ‘e-Sender’, a third-party provider, to submit publications to the EU Publications Office will be able to continue with this approach, regardless of the outcome of Brexit negotiations. However, this is dependent on e-Senders also completing the integration process to send notices to the new UK-specific e-notification service, should this be enacted.

Simon Burges, CEO of BiP Solutions, said:

I am delighted to say that BiP Solutions were one of the first e-Senders in the UK to confirm to the Cabinet Office that we will integrate our services with the new UK e-notification service. This is great news for our customers, since any authority working with BiP will need to take very little action to change their current method of publishing contracts, unlike other e-Senders who may be required to publish notices manually.

This year, we celebrate our 35th anniversary and whilst our operation has grown considerably in size and scope over the years, our core values remain unchanged. We will continue to remain at the heart of the buyer/supplier relationship and support our customers through all stages of their procurement journey, and that includes providing advice and guidance – deal or no deal.

Contracting authorities who work with other e-Senders or who submit their notices directly to the EU Publication Office may need to publish their notices manually to the new UK notification service. Information as to how to do this has not yet been released, meaning that these organisations will have to await further advice depending on future developments.

To find out more about how BiP Solutions can help with your contract and tendering needs, visit www.bipsolutions.com or call (+44) 0141 332 8247.