October Brexit Round-Up

Globe map of UK and western Europe

With the UK still scheduled to leave the EU on 31st October, the status of negotiations within the EU parliament will be closely watched over the coming days. Today (14th October), the Queen’s Speech to open the new session of the UK Parliament is expected to outline further the Government’s plans for Brexit and the period immediately after exit day. More than three years after the referendum, there is still much to be decided and confirmed.

Ahead of an important week, the latest updates on BiP Solutions’ dedicated Brexit news and resources page cover a range of aspects of Brexit and how it might affect public procurement.

  • Our September Brexit Briefing looks at sources of opportunity for procurement after Brexit – both in the UK and further afield.
  • With the possibility of further debate around the legislation aiming to block any ‘no-deal Brexit’, it remains important for businesses to be clear on what the effects of ‘no-deal’ might be and how they can prepare. Our explainer blog from Phillip Kinnell, Senior Procurement Consultant at the Procurement Advice and Support Service (PASS), examines the legislation that specifically affects procurement in relation to a ‘no-deal Brexit.’ A more in-depth look at the various ways in which ‘no-deal’ might impact procurement, and how businesses can prepare, is available through the recording of our recent webinar led by Phillip, ‘What a No Deal Brexit Could Mean for Public Procurement.’
  • Also on 8th October, the House of Commons (HoC) Research Library published ‘Brexit and UK Defence: An Explainer.’ You can read Defence Online’s detailed blog on the latest updates around the UK’s and EU’s changing relationship in terms of defence here, while the HoC Library report and the Government’s own advice on the defence sector and preparing for Brexit are available in our Resources section.
  • Other sector-specific information available on our Resources page includes guidance for healthcare providers and the space sector. For the latest healthcare news, visit our dedicated healthcare community Health Online.
  • The list of trade agreements with other countries and trading blocs that will take effect when the UK leaves the EU continues to be updated.
  • Our factsheets, ‘Procurement After No Deal’ and ‘Procurement After Brexit: Deal or No Deal’, are still available, and cover the basics of the legislation and necessary preparations for organisations around Brexit. Produced in April and March respectively, these documents remain relevant as they outline key guidance such as the new UK e-notification service replacing the need to publish tenders in the Official Journal of the EU (OJEU) – now named the ‘Find a Tender Service’ – and the need for businesses to acquire an Economic Operator Registration and Identification (EORI) number.

Our Brexit resources page will continue to be updated as the situation develops, allowing you to stay abreast of all the latest and most relevant information for public procurement and business.

Brexit latest: No Deal Brexit and Procurement Legislation

With the Government maintaining that the UK with leave the EU on 31 October, whether or not a Withdrawal Agreement has been finalised, there may appear to be much uncertainty as to the position of legislation after that date, and what immediate effect that will have on trade and other areas of business. However, in procurement as well as in other areas, there are some clear guidelines as to what a ‘no deal Brexit’ would mean for day-to-day working practices. Here, Phillip Kinnell, Senior Procurement Consultant at the Procurement Advice and Support Service (PASS), details what we know about procurement legislation in the event of ‘no deal’ – in our explainer below and in our recent webinar.

Legislative certainty in the event of a no deal Brexit

What procurement legislation applies in the event of a ‘hard’ Brexit? Section 2(1) of the European Union Withdrawal Act 2018 states that ‘EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day.’ Section 3(1) similarly confirms the incorporation of direct EU legislation by stating that ‘Direct EU legislation, so far as operative immediately before exit day, forms part of domestic law on and after exit day.’ 

However, there are some incongruities between current legislation, such as the PCR 2015, and the changed environment that we will have following a no deal Brexit. To deal with this, the European Union Withdrawal Act 2018 preserves laws made in the UK that implement EU obligations, and provides the legal basis for making necessary corrections to the current procurement legislation that would otherwise no longer operate appropriately once the UK has left. 

The following paragraphs outline the main pieces of secondary legislation which set out the updates to UK procurement legislation.  

In England, Wales and Northern Ireland, the Public Procurement (Amendment etc) (EU Exit) Regulations 2019 and the Public Procurement (Amendment etc) (EU Exit) (No 2) Regulations 2019 set out the majority of changes to current procurement legislation in the event of a hard Brexit. 

In Scotland, the Public Procurement etc (Scotland) (Amendment) (EU Exit) Regulations 2019, the Public Procurement etc (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 and the Public Procurement etc. (Miscellaneous Amendments) (Scotland) Regulations 2019 carry out a very similar role.  

The required changes include the removal of references to the EU, the replacement of the OJEU with the ‘UK e-notification service’ (also known as the Find a Tender Service or FTS) and the right of the UK to set the procurement thresholds for the forthcoming change on 1 January 2020. 

Eight months after Brexit, the amendment regulations also remove conditions relating to the GPA (Government Procurement Agreement) and the ‘duty owed to economic operators from other member states’ as from that point the requirement to open up procurement in the UK to economic operators from other states will either not apply or will have be applied separately through a trade or other similar agreement. 

The Defence Regulations will be updated with the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 which will bring in both pre-exit and exit-related amendments to the Defence and Security Public Contracts Regulations 2011. So while it’s not possible, or advisable, to cover all the changes here, I hope that the above links will help you determine how a no deal Brexit will affect any procurements that are commenced after a no deal Brexit. 

You can here Phillip discuss this and other aspects of post-Brexit procurement in more detail through a recording of our recent webinar, ‘What a No Deal Brexit would Mean for Public Sector Procurement.’ To view the full video, click here.

BiP Solutions launches second report in series exploring local government procurement

New market report considers local government trends, challenges and opportunities in a digital world

Download your exclusive copy of the report here.

Today, BiP Solutions is pleased to launch the second in our series of reports focusing on the changing landscape of public sector procurement. Our latest report considers the impact of this changing landscape for local government in an ever-evolving digital world.

The publishing of the Government’s Transformation Strategy effectively kickstarted the journey of digital transformation for Government with many local authorities taking advantage of the components available to them through GOV.UK.

In fact, across local government today, digital transformation is playing a significant role in meeting the needs and expectations of citizens. In light of this, our report considers the key digital trends and innovative approaches transforming service delivery for citizens. It also considers current spend within local government, with a particular focus on IT/Digital spend, and also draws on findings from recent research conducted by our colleagues at iGov Survey to highlight the specific procurement challenges and opportunities facing local government and the wider public sector.

Eddie Regan, PASS Training Consultant at BiP Solutions, said of this research:

‘The timing of the latest iGov Survey is quite appropriate, given the current uncertainty about Brexit and the continual questions about what impact it may or may not have on public procurement.

Early engagement, innovation and emerging new technologies all have a massive role to play in the future direction of public procurement. The public sector cannot afford to fall behind and this research highlights that whilst the sector is moving in the right direction, more does need to be done to upskill procurement teams and develop effective supplier relationships that deliver true value for all involvement in the procurement process, including and not forgetting, service users.’

Our report also reflects on our recent Procurex Events in Wales and Scotland and considers key ways take to get ahead if you are looking to tap into the local government marketplace, regardless of your prior experience of procurement.

To read the report in full, please access your personal copy here.

To find out more about our solutions, please visit: www.bipsolutions.com

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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