Value Procurement

Compliance and Legal Issues.

The public sector spends over £150 billion a year on the goods and services needed to deliver public services. To achieve value for money (VFM) for the taxpayer, effectively managed procurements which are properly planned and executed are essential.

Public procurement law regulates the purchasing by public sector bodies for goods, works or services. In some instance private sector procurement will also be influenced should public funding be part of the project finances. The law allows for all EU member states to have access to the competition for goods, works and services. This is to promote the free movement of goods and services within the European Union.

Useful Legal Documentation

  • In England, Wales and Northern Ireland: the Public Contracts Regulations 2006
  • In Scotland: the Public Contracts (Scotland) Regulations 2006.
  • Directive 2004/17/EC of the European Parliament
  • Directive 2004/18/EC of the European Parliament
  • Commission Regulation (EC) N° 1177/2009
  • Commission Decision 2008/963/EC
  • Commission Regulation (EC) N° 1564/2005

As well as following a legal procurement route, compliance with mandatory rulings and the application of best practice is also essential.  The Office of Government Commerce (OGC) has provided both mandatory and advisory guidance for use within public procurement. In order to succeed in the delivery of the successful procurement of goods, works or services use of the OGC processes and procedures is recommended.

Delivery of the recommendations from HM Treasury, The National Audit Office and professional bodies such as CIPFA must also be considered, as well as localised governance through the Regional Development Agencies and Local Authorities.

For further details on Legal Compliance contact steve.jessop@ccinw.com