What’s changed since EU Exit?

Very little has changed is practical terms, however, there are some things that you should be aware of for procurement exercises launched after the end of the transition period. From 11p.m. on 31 December 2020:

 1) The title of the ESPD (Scotland) has changed to SPD (Scotland). 

2) The exclusion criterion concerning fraud relating to European Communities’ funds will no longer be a valid ground for excluding bidders. This criterion must not be used in any procurement exercises that launched after the end of the transition period.

This exclusion criterion will be removed from the SPD (Scotland) templates available in the Procurement Journey and PCS-Tender. However, it will still be visible in the SPD module within PCS, defaulted to ‘not selected’, pending it’s removal when the next upgrade is carried out. It must not be selected, or used to evaluate any SPD responses for procurement exercises launched after the end of the transition period.

3) There will be other minor changes made to reflect the fact the UK has left the EU, including updates to the wording of standard SPD questions containing references to EU ‘Member States’, as detailed below. This will not fundamentally change the meaning of the questions.

The Following has now changed :

Question 2A16

Current wording

Will the economic operator be able to provide a certificate with regard to the payment of social security contributions and taxes or provide information enabling the public body or contracting entity to obtaining it directly by accessing a national database in any Member State that is available free of charge?

Revised wording

Will the economic operator be able to provide a certificate with regard to the payment of social security contributions and taxes or provide information enabling the public body or contracting entity to obtaining it directly by accessing a national database that is available free of charge?

 

Question 3B.1

Current wording

Has the bidder met all its obligations relating to the payment of taxes or social security contributions, both in the UK, and in the country in which it is registered, if that is not the UK?

If not, please indicate:

Country or Member State concerned

Revised wording

Has the bidder met all its obligations relating to the payment of taxes or social security contributions, both in the UK, and in the country in which it is registered, if that is not the UK?

If not, please indicate:

Country concerned

 

Question 4A1

Current wording

1) The bidder is enrolled in the relevant professional or trade registers kept in the Member State of its establishment  (as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015):

Revised wording

1) The bidder is enrolled in the relevant professional or trade registers kept in its country of establishment:

 

 

Concluding statement

Current wording

The undersigned formally declare to be able, upon request and without delay, to provide the certificates and other forms of documentary evidence referred to, except where the contracting authority or contracting entity has the possibility of obtaining the supporting documentation concerned directly by accessing a national database in any Member State that is available free of charge.

Revised wording

The undersigned formally declare to be able, upon request and without delay, to provide the certificates and other forms of documentary evidence referred to, except where the contracting authority or contracting entity has the possibility of obtaining the supporting documentation concerned directly by accessing a national database that is available free of charge. 

How should I handle ESPDs for framework agreements and Dynamic Purchasing Systems?

If your framework or DPS was launched before the end of the transition period you should continue to use the ESPD request you created for that procurement exercise, even if that means issuing the ESPD request after the end of the transition period.   The original ESPD request will still be attached to your original notice so there will be no need to create another request.

If the procurement exercise is going to be launched after the end of the transition period,  you should create a new request from the new SPD (Scotland) template(s). 

Will the ESPD template change?

Public Contract Scotland (PCS):  The exclusion criterion relating to fraud (Q3A3) will still be visible in the SPD module within PCS. It will be defaulted to ‘not selected’, pending it’s removal when the next upgrade is carried out. It must not be selected, or used to evaluate any SPD responses for procurement exercises launched after the end of the transition period.

PCS- Tender (PCS-T):  The exclusion criterion relating to fraud will be removed from the SPD (Scotland) template available in PCS-Tender.

Procurement Journey (Microsoft Word document):  The Procurement Journey will contain:

1.  ESPD (Scotland).  This should be used for procurement exercises that are launched prior to 31 December 2020 and for any subsequent call-offs from a framework agreement or dynamic purchasing system.

2.  SPD (Scotland).  This should be used for all procurement exercises launched after 31 December 2020 and for any subsequent call-offs from a framework agreement or dynamic purchasing system

What about any ESPD requests I currently have in draft?

You should continue to use any ESPD requests you’ve already starting working on, for any procurement exercises launched prior to the end of the transition period.   After that the new SPD template(s), should be your starting point for creating SPD requests.

Do I still need to use the new SPD (Scotland) for lower value regulated procurement exercises?

Yes, it is still considered best practice to use the SPD for lower value procurement exercises that are advertised on PCS after the transition period ends.

Where can I find out more information on the changes to the regulations?

Further information can be found in SPPN 11/20 

Will there be any changes to the Exclusion Grounds in the SPD (Scotland)?

Yes, but only slightly.

The exclusion criterion concerning fraud, relating to European Communities’ funds,  will no longer be a valid ground for excluding bidders.

This criterion must not be used in any procurement exercises launched after the end of the transition period.

This exclusion criterion will be removed from the SPD (Scotland) template available in the Procurement Journey and PCS-Tender.

It will still be visible, however, in the SPD module within PCS, defaulted to ‘not selected’, pending it’s removal when the next development release is carried out.

It must not be selected or used to evaluate any SPD responses for procurement exercises launched after the end of the transition period.

I used to use E-Certis to check certificates. Will this be replaced? Can I still use it?

You can still access E-Certis to check equivalency for EU member states' certificates.

However information on UK certificates will no longer feature for new procurements.

The pre-EU Exit ESPD FAQsguidance & documents, should continue to be used in procurement exercises that commenced prior to 11pm on 31st December 2020.

For further information on Changes to Procurement legislation at the end of the EU Exit Transition Period, please refer to SPPN 11/20