Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what steps he plans to take to ensure that the Public Procurement Contract Regulations 2015 deliver an increase in not-for-profit delivery of public procurement contracts.
Answered by Lord Maude of Horsham
The Public Contracts Regulations 2015 came into effect on 26 February. They will provide a much more modern, flexible and commercial approach compared to the previous regime. Outdated and superfluous constraints have been removed, and many new reforms have been included to streamline and modernise public procurement.
We have also introduced further measures to remove barriers facing small and medium-sized enterprises. Together, these will make it easier for all suppliers to bid for and win public procurement contracts.
The new measures will increase the visibility of low-value contract opportunities and make the bidding process quicker and simpler across the wider public sector. Complex forms, such as Pre-Qualification Questionnaires, are now abolished for low value contracts. Everyone in the supply chain must comply with 30-day payment terms, including suppliers and sub-contractors, and public bodies must publish an annual late payment report, making their accountability more transparent.
For a range of services that are commonly delivered by public service mutuals (such as social and cultural services) commissioners will also have the option of using a ‘mutuals reservation’. This grants public bodies the ability to limit competition to mutuals and social enterprises that meet the tests set out in the directive. This means many mutuals will be able to win their initial contract without having to compete with more established players, allowing them to establish and grow as a business during their first 3 years.
Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what representations he has received in favour of inclusion in the Public Contract Regulations 2015 of provisions to mandate that social, employment and environmental criteria have the same weight of consideration as cost or price when choosing and selecting a contract bid.
Answered by Lord Maude of Horsham
The Public Contracts Regulations 2015 implement Directive 2014/24/EU on public procurement, and came into effect on 26 February 2014. In the negotiations on that Directive, the UK was successful in securing new flexibility, at Article 77, for certain service contracts to be reserved for competition by organisations meeting certain criteria, such as mutuals and social enterprises. Regulation 77 of the Public Contracts Regulations 2015 implements Article 77 of the Directive, in compliance with European law.
As part of the Government’s consultation on proposals for transposition of the EU Public Procurement Directives 2014, 5 out of 204 respondents requested that the regulations should oblige contracting authorities to include clauses in contracts requiring consideration of social, employment and environmental criteria.
The government's response to the consultation can be found here:
https://www.gov.uk/government/consultations/transposing-the-2014-eu-procurement-directives
Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, if, as an alternative to the provisions in Regulation 77 of the Public Contracts Regulations 2015 (S.I., 2015, No. 102), laid before the House on 5 February 2015, he will bring foward legislative proposals to reserve contracts for tightly defined co-operatives, mutuals and social enterprises; and if he will make a statement.
Answered by Lord Maude of Horsham
The Public Contracts Regulations 2015 implement Directive 2014/24/EU on public procurement, and came into effect on 26 February 2014. In the negotiations on that Directive, the UK was successful in securing new flexibility, at Article 77, for certain service contracts to be reserved for competition by organisations meeting certain criteria, such as mutuals and social enterprises. Regulation 77 of the Public Contracts Regulations 2015 implements Article 77 of the Directive, in compliance with European law.
As part of the Government’s consultation on proposals for transposition of the EU Public Procurement Directives 2014, 5 out of 204 respondents requested that the regulations should oblige contracting authorities to include clauses in contracts requiring consideration of social, employment and environmental criteria.
The government's response to the consultation can be found here:
https://www.gov.uk/government/consultations/transposing-the-2014-eu-procurement-directives
Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, if he will delay implementation of the Public Contracts Regulations 2015 to ensure that appropriate guidance on trading companies exemptions, reserved contracts provisions, Article 18.2, best price-quality ratio provisions and the new light touch regime can be issued to contracting authorities in time for them to update procurement procedures.
Answered by Lord Maude of Horsham
The Public Contracts Regulations 2015 came into effect on 26 February. They will enable authorities to run procurements that are faster, less costly and more effective.
During 2014, the Crown Commercial Service provided training on the new directives to more than 4,000 procurement officials.
Further information, including guidance and training material can be found at: https://www.gov.uk/transposing-eu-procurement-directives
Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what assessment he has made of the effect of the Public Contracts Regulations 2015 on the ability of contracting authorities to plan joint health and social care commissioning.
Answered by Lord Maude of Horsham
The Public Contracts Regulations 2015 came into effect on 26 February. They will enable authorities to run procurements that are faster, less costly and more effective.
During 2014, the Crown Commercial Service provided training on the new directives to more than 4,000 procurement officials.
Further information, including guidance and training material can be found at: https://www.gov.uk/transposing-eu-procurement-directives
Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, for what reason his Department's consultation on transposition of the EU public procurement directive was limited to four weeks.
Answered by Lord Maude of Horsham
This consultation on the draft Public Contracts Regulations 2015 complies with the Government’s Consultation Principles, and formally concludes a long-running period of continuous UK stakeholder engagement that commenced in 2011 when the European Commission’s own consultations began.
Following the publication of a Procurement Policy note in late 2013, the Cabinet Office engaged with stakeholders interested in specific policy areas. The comprehensive feedback from this exercise meant that a four week consultation period was appropriate and proportionate given the limited scope and impact of the remaining issues on which to consult.
This consultation attracted a large number of responses, which shows the period allowed was reasonable.
Asked by: David Anderson (Labour - Blaydon)
Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what evidence he has of attempts by foreign intelligence services to instigate cyber attacks on UK companies; and if he will make a statement.
Answered by Lord Maude of Horsham
As was the case under previous administrations, we do not normally comment on details of cyber security attacks.