Public Procurement after Brexit: BiP Business Analysis

Brexit Procurement

It’s Business As Usual for Public Sector Procurement

Many of our public and private sector clients have been asking how the EU referendum vote will impact public sector procurement. The short answer is “not a lot”. The slightly longer answer is contained in BiP Solutions’ latest business analysis – Public Procurement After Brexit.

BiP’s Principal Consultant Eddie Regan spends most of his waking hours either immersed in procurement regulations or running training workshops on how they impact buyers and suppliers.

Eddie has helped BiP clients understand countless regulatory changes over the years and in this Business Analysis, he gives us his expert opinion on the potential impact of Brexit.

How important is the public sector market?

In the financial year 2014/15, the public sector spent approximately £263 billion on goods, works and services, making it the largest marketplace for UK suppliers. It helps drive the UK economy, providing revenue and jobs for thousands of businesses.
The market is open to suppliers of all sizes, as Treasury figures from 2014/15 showed 27.1% of central government buying was with small businesses, either directly (10.9%) or through the supply chain (16.2%).

The Report

Written in layman’s terms, Public Procurement after Brexit: BiP Business Analysis examines current UK procurement procedures and the way in which they are likely or unlikely to change after Brexit.

Report author Eddie Regan said: “If the UK exits the European Union but joins the European Economic Area, there is likely to be little change if any – the one key difference is we won’t have a voice at the negotiating table for future Directives, but we will probably comply voluntarily, just like Norway, Iceland and Switzerland.”

What should Suppliers do?

Unsure of Post-Brexit procurement changes, some suppliers fear getting caught up in changing contract law.

However, with much EU procurement legislation heavily influenced by UK priorities, UK procurement is unlikely to change dramatically following Brexit.

If anything, the public sector should become more attractive to UK suppliers.

One of the main concerns for many firms, including those not currently active in the public sector will be the potential loss of revenue from their existing markets. Aside from the obvious threat to exports, nervousness over the economy might encourage UK customers – both consumers & businesses – to tighten their belts or look for better deals elsewhere.

That’s why now could in fact be the perfect time to start looking at the public sector!

And that’s an outcome that would be good for suppliers AND buyers.

To discover more about the market opportunities read Public Procurement after Brexit: BiP Business Analysis

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EU Referendum: Procurement Legislation Implications

Procurement Legislation

Rely on facts not feelings

On 23 June Britain will choose whether to remain in or leave the European Union. Although this is a decision not to be taken lightly, many companies are still unsure of the facts.

Deloitte’s 35th Quarterly CFO survey concluded that only 26% of CFOs said their companies had taken steps to prepare for the referendum result – a worrying figure considering the direct effect a Remain or Leave vote could have on UK business.

To help professionals understand how the vote will affect UK exports, trade arrangements, business finance, procurement legislation and jobs; procurement specialist BiP Solutions has created an impartial White Paper EU Referendum: The Ins and Outs for Business.

Here’s a sneak peek into the third chapter covering Procurement Legislation.

Procurement legislation simply means the laws that govern the buying and selling of goods; a subject close to the hearts of all professionals.

Remain campaigners claim deviating from the rules of the EU Procurement Directives could cause the UK to effectively exclude itself from the EEA single market and erode or even end London’s status as the financial capital of Europe, with strong negative impacts on the wider economy.

In its 2016 Report, The Economic Consequences of Brexit, the Organisation for Economic Co-operation and Development said: “A UK exit (Brexit) would be a major negative shock to the UK economy. In some respects, Brexit would be akin to a tax on GDP, imposing a persistent and rising cost on the economy that would not be incurred if the UK remained in the EU.”

However, Leave campaigners argue that a Brexit would give the UK a valuable opportunity to disregard some of the more costly aspects of EU procurement legislation and instead adopt a more business-friendly legal regime.

In its 2013 report, Our Global Future: The Business Vision for a Reformed EU, CBI said: “The impact of poorly thought-out and costly EU legislation is a major issue for businesses: 52% of businesses believe that, were the UK to leave the EU, the overall burden of regulation on their business would fall.”

Answering this claim, Remain campaigners in turn contend that many EU Directives are enshrined in UK law, so a Brexit is unlikely to alter the UK’s procurement habits.

Mills & Reeve National Head of Procurement Law, Ruth Smith, and Mills & Reeve Trainee solicitor Tom Benjamin wrote in Procurement Law Today: “Whilst the EU Treaty and EU Procurement Directives would no longer apply in the UK, an ‘out’ decision would have no impact on the validity of the UK legislation put in place to transpose those Directives.”

Even if regulatory reform were to top a post-Brexit government agenda, the Government would be unable to disregard EU Directives, should it wish to remain part of the EEA single market.

Should the UK leave the EU but wish to maintain its single market trade arrangement, it would still have to adhere to EU legislation, but would lose any power to shape this legislation.

Read more about the economic implications of the EU referendum, with EU Referendum: The Ins and Outs for Business.

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BiP Solutions Limited is a company registered in Scotland with Company Number SC086146 and VAT number 383030966 and having its registered office at Medius, 60 Pacific Quay, Glasgow, G51 1DZ.

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