What Is Regulation 59 of the Public Contracts Regulations 2015

As I have already said, I generally agree with this measure in terms of the time and money savings it entails for both economic operators and public authorities. Yes, contracting authorities are indeed seeing their previous practice of detailed pre-qualification questionnaires eroded from within, but it was time for UK contracting authorities to get used to the open procedure instead. I think EPSD could have a significant thumbs-up effect on this transition in England, Wales and Northern Ireland. It is time for us to move from detailed questions in the selection phase to simply formulating the selection criteria. 10. The contracting authority may require economic operators to supplement or clarify certificates obtained pursuant to Regulations 60 and 62. The Single European Document entered into force on 26 January 2016. Ruth Smith explains what this means and what problems remain unresolved. I stand by my comment that, overall, transaction costs for contracting authorities will also decrease, since only the information of an economic operator will be analysed, even if this means more work for that specific operation. My beliefs are based on the pilot projects we are running in Wales in 2013, where the biggest cheerleaders in our practice changes have been public purchasers and ancillary functions (risk, legal, health and safety) as their procedural workload has decreased significantly. (b)it fulfils the relevant selection criteria laid down in Regulation No 58; The European Commission has recently published an implementing regulation which, for the first time, establishes a standard form for the ESPD, which (as we understand it) will be adopted by each Member State. It continues from 26. January 2016 in England and Wales, the obligation for contracting authorities to accept tenderers` ESPD instead of certificates issued by public sector bodies or third parties (e.g.

banks) as provisional evidence to confirm that the tenderer is First of all, although it is a declaration on honour, economic operators should indicate where supporting documents can be obtained; and that they undertake to do so “upon request and without delay” (paragraphs 4 and 8). It remains to be seen what this means “on demand” – i.e. Can it be a general condition of participation set from the outset? – or “without delay” – how many days do economic operators have to submit documents? When we launched the simplified open procedure pilots in Wales, we had a similar system, we set up a 10 calendar day window for the contract winner to submit the documentation and we never had any problems. In fact, most responded with the documents within 24 or 48 hours. Regulation No 59 brings us one of the major changes introduced by Directive 2014/24/EU and the new regulations: the possibility of using a self-declaration by economic operators, instead of all participants submitting all documents at the selection stage. The Single European Document (ESPD) allows economic operators to declare that they comply with the grounds for exclusion and selection criteria set out in Regulations 57, 58 and 65. Personally, I am in favour of any measure that reduces transaction costs for economic operators and, in this context, the ESPD makes perfect sense. As usual, however, the devil is in the details and there are some details worth discussing, especially for public sector clients.

(a)it does not exist in one of the situations referred to in Regulation No 57 in which economic operators must be or may be excluded; Regulation 59 of the Public Procurement Regulation 2015 (“FP 2015”) requires contracting authorities to accept a Single European Document (“ESPD”) from tenderers as part of the selection process. Regulation 59 of the Public Procurement Regulation 2015 governs the use, content and form of the ESPD and the provisions on supporting documents. The Commission Implementing Regulation also contains explanatory provisions and instructions on the use of the ESPD. Ultimately, the ESPD will only be available in an online format, but the 2015 RCP states that the “online only” requirement should be deferred to April 2017; Until then, paper/Word copies can be used. An economic operator shall have the right to use this form when submitting requests to participate or tenders (depending on the procurement procedure used) to confirm that it fulfils the following conditions: This is only a brief procurement warning. We will publish a more detailed note in the coming weeks on the practical issues related to the use of the ESPD. Contracting authorities are obliged to accept the ESPD at the stage of participation or invitation to tender, although they may subsequently `require candidates and tenderers to provide all or part of the supporting documents at any time during the procedure if this is necessary for the proper conduct of the procedure` (Article 59, paragraph (8). In most cases, the contracting authority must obtain up-to-date supporting documents from the tenderer to whom it has awarded the contract. The objective of the ESPD is to reduce the administrative burden on economic operators by providing a standard EU-wide self-declaration document containing the grounds for exclusion, selection criteria and shortlisted rules and criteria. The ESPD will be reused by economic operators for different public contracts with minimal updates. 6.

Economic operators may re-use an [F3SPD] already used in a previous procurement procedure, provided that they confirm that the information contained therein remains accurate. We will publish further analysis and practical advice on the use of the ESPD here as soon as the CCS guidelines are available. I am a lawyer specialized in public procurement law, recognized by the State as an expert. 11. Notwithstanding paragraphs 8 and 9, economic operators shall not be required to: Once the CCS guidelines are available, it is likely that a review of the ODA will be necessary to ensure that they cooperate with the ESPD procedure. There will likely be significant changes to the default PQQ document form. The standard TTIs may also need to be revised (as noted above, e.g. in order to take into account the obligation under Regulation 54(4) to ensure that ITT refers to the evidence and evidence to be provided in good time to verify the provisional declarations in the ESPD).

Second, the contracting authority is required to verify this information itself (points 5 and 11) whether the evidence is available in a national database (and the economic operator has indicated this in the DSEP), including a foreign one, and to transfer to the authority the responsibility for who must provide or find the documents from the operator. In addition, where the contracting authority already has a valid and effective DSPE of the economic operator, it shall not be obliged to reconfirm the information contained therein. This provision transposes a similar provision of the new Directive 2014/24/EC on public procurement, which aims to reduce the administrative burden on tenderers and contracting authorities by simplifying the way information and evidence are provided at the selection stage. It is a reputable self-certification that the tenderer does not fall under one of the grounds for exclusion and that it has the necessary economic/financial, technical and professional capacity. It aims to reduce the amount of documentation required of bidders at an early stage by avoiding the need for bidders to provide additional evidence and documentation in support of the statements contained in the ESPD. Such evidence and supporting documents may then be requested at any time by the contracting authority `where this is necessary to ensure the proper conduct of the procedure`.