Question to the Ministry of Defence:

To ask the Secretary of State for Defence, with reference to the contract notice entitled United Kingdom-Bristol: Radio equipment, reference 2020/S 08-211218, for what reason that invitation to tender for UK radio equipment is subject to Directive 2009/81/EC.

The Defence and Security Public Contract Regulations (DSPCR) 2011 implemented the European Union (EU) Directive 2009/81/EC into UK law. The directive sets EU rules for the procurement of arms, munitions and war material (plus related works and services) for defence purposes. Consequently, the DSPCR applies to all defence and sensitive security procurements procedures beginning on or after the 21 August 2011. The Multi-Mode Radio procurement therefore fully complied with the DSCPR 2011.

Amendments to the Defence and Security Public Contracts Regulations (DSPCR) came into force at the end of the Transition Period to ensure these rules operate effectively following the UK's departure from the EU. The main change is that legal rights of access to UK procurements are now limited to UK and Gibraltar based suppliers.

As set out in the Defence and Security Industrial Strategy published in March 2021, the Government is using the opportunity offered by our departure from the EU to develop a defence and security procurement regime tailored to better meet the UK's needs. We have embarked on a comprehensive review of the DSPCR, as part of the broader Cabinet Office led reforms of procurement regulations set out in the December 2020 Green Paper on Transforming Public Procurement.