Page 26 - PWM2023_JUNE

TECHNOLOGY REPORT

Unlocking the tenders

process

B the landscape. On this, Talbott comments that “even
eyond the public sector lies the private. It
though the UK left the EU, procurement regulations
shares a common goal with public sector
procurement – using tenders to find provid-
Many firms are still apply. The UK became a member of the WTO’s
already switched on ers of goods or services on the best possible Agreement on Government Procurement in January
terms.
2021. So, going forward, any national laws relating to
to the concept of sell- public procurement will continue to be made within the
ing to not just private Adam Bernstein spoke to two industry experts – one a framework of these international commitments.”
organisations, but lawyer, the other a bid writer – for their perspectives on Public procurement law applies
also the public sector. the process. As to the public procurement rules, Talbott explains
They take part in a Nathan Talbottt, partner at Wright Hassall that they apply in three circumstances.
market that the gov- For Nathan Talbottt, a partner at law firm Wright First, the contracting authority must be a public
ernment noted in a Hassall, it’s notable that private sector procurement in authority. Here he says that “state, regional and local
June 2022 document, the private sector is a free-for-all and there are no rules authorities, and other bodies governed by public law are
on process. In contrast, he advises that the process of
all subject to procurement regulations”. That said,
Transforming Public public procurement is specifically regulated. Talbott says “a distinction is made, however, between
Procurement – our He outlines how, since the 1970s, the World Trade central government authorities” – which include gov-
transparency ambi- Organisation (WTO) and the European Union (EU) ernment departments and non-departmental govern-
tion, was worth, then, have “regulated the procurement of goods and services ment bodies – “and sub-central authorities” that include
by public authorities to protect openness, transparency
local government, police and fire authorities, and uni-
about £300bn a year. and non-discrimination in these transactions”. He says versities. “These distinctions are important as they
Words by the UK is bound to these principles by its treaty obliga- affect the threshold value of contracts that require com-
Adam Bernstein tions. pliance with the regulations,” he says.
It’s natural to question whether Brexit has changed Secondly, Talbott states that “the tender must be for

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