procurement for schools and academies webinar - jennifer grigg - april 2016
TRANSCRIPT
@BJEducationLaw
@BJEducationLaw
for schools and academies
for news, legal updates, real
opinions and training:
https://www.linkedin.com/company
/education-advisory-&-hr-services
‐ the ‘light touch’ regime for schools and
academy services
‐ below threshold procurements
‐ processes for procurement and the Department
for Education Guidance
‐ ending and extending contracts
@BJEducationLaw
• light touch services
• goods and services
• works
@BJEducationLaw
• schedule 3 to the Public Contract
Regulations 2015 ‐ catering
‐ training or educational courses for
pupils
‐ seminars
‐ hotel and restaurant services
@BJEducationLaw
• the threshold is £589,148
• Regulations 74 – 77 of the PCR ‐ you must advertise the opportunity
and the contract award in the OJEU
and on contracts finder
@BJEducationLaw
• the threshold is £589,148
• Regulations 74 – 77 of the PCR ‐ you must comply with the ‘principles
of awarding contracts’ in Regulation
76, including adhering to the treaty
principles of transparency,
proportionality and equal treatment
@BJEducationLaw
• the threshold is £589,148
• Regulations 74 – 77 of the PCR ‐ you can use any competitive
procurement procedure you like, but
those recommended for other goods
and services above threshold are a
good place to start
• Regulations 109 to 112: but schools
and academies only have to comply
with Regulation 111
• Regulation 111 – assessing suitability ‐ no prequalification stage allowed
‐ suitability questions as part of your
requirements must be relevant and
proportionate
@BJEducationLaw
• internal policy will cause internal
problems if not adhered to
• policies can help to evidence
compliance with the treaty principles
of transparency, equal treatment and
proportionality
@BJEducationLaw
• the regulations apply to contracts for
goods and services that are not light
touch, and for which the contract
value is more than £164,176
• contracts governed by the full
regulations must comply with Part 2 of
the Public Contract Regulations 2015
Light Touch Services All Other Services
£589,148 £4,104,394
£164,176 Below
Threshold
rules Below
Threshold
rules
Light
Touch
Regime
Full regulation
for Goods and
Services
Full regulation
for Works
contracts
£0 £0
@BJEducationLaw
• risk of challenge
• frameworks from ESPO, Crown
Commercial services
• Department for Education Guidance –
buying for schools
@BJEducationLaw
• notice periods – does it end
automatically or do you have to give
notice?
• can you extend a contract? ‐ does the contract allow for it?
‐ you must consider Regulation 72
‐ if below threshold, is it fair,
transparent and proportionate?
