Search

How can we help?

Icon

New Public Procurement rules to help communities recover from COVID-19

The Government announced new public procurement rules on 24 September 2020 requiring Central Government buyers to evaluate the ‘social value’ of bids when tendering for public contracts (Public Policy Notice 06/20).  Part of this initiative is to encourage public tenders to be designed so that the Government’s considerable purchasing powers can be focused on helping communities and businesses recover from COVID-19.

Public bodies are already obliged under the Public Services (Social Value) Act 2012 to ‘consider’ how the contracts they are procuring might improve the economic, social and environmental well-being in their relevant area.  This is now being made mandatory from 1 January 2021 for all contracts procured by Central Government bodies. 10% of the available marks in those public tenders must now be for questions about delivering ‘social value’.   When the difference between winning and losing valuable public contracts can turn on a few marks and the smallest of margins, bidders are recommended to review carefully how their commercial proposals can promote and achieve ‘social value’.

The Policy Note lists a number of ‘social value’ outcomes which Central Government procurement teams can chose as the outcomes they want to promote, together with a list of ways of those outcomes can be achieved.

The first outcome listed is ‘COVID-19 recovery’ with the objective of helping communities to manage and recover from the impact of the disease.  Promoted ways of achieving that outcome through the procurement award include:

  • Creating employment, retraining, or return to work opportunities for those left unemployed by COVID-19
  • Supporting people and communities to recover from impacts of COVID-19
  • Supporting organisations and businesses to recover from the impacts of COVID-19
  • Supporting the physical and mental health of those affected by COVID-19
  • Improving workplace conditions that support COVID-19 recovery effort

Other promoted outcomes include the creation of new businesses, jobs and skills, increasing supply chain resilience and capacity, fighting climate change and promoting equal opportunity and community well-being.

The Policy Note lists a number of ‘social value’ outcomes which Central Government procurement teams can chose as the outcomes they want to promote, together with a list of ways of those outcomes can be achieved.

The decision on which social value outcome to promote in a particular tender will be left to the commercial procurement team to ensure relevance to the contract and the circumstances of the procurement.  However, the tender must provide for a minimum of 10% of the available marks for social value “to ensure that it carries a heavy enough score to be a differentiating factor in bid evaluation”. Detailed guidance will be published before the rules become mandatory.

It is unlikely that the timing of these new procurement rules (1 January 2021) is coincidental and we may see this as the first of many changes the Government makes to the public procurement regime after the end of the Brexit implementation period when they will have more freedom (subject to the terms of any Free Trade Agreement) to rewrite the procurement rules.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

Pub
  • 22 September 2023
  • Employment

Talking Employment Law: New family friendly rights

In this first podcast in the ‘Talking Employment Law’ series, Lucy Densham Brown and Rebecca Dowle, members of the employment team summarise some of the big new family-friendly Bills that are working their way through parliament.

art
  • 20 September 2023
  • Commercial Real Estate

Commercial buyers beware of residential Stamp Duty Land Tax

This article discusses a recent case in which a property buyer calculated the Stamp Duty Land Tax due on the purchase at a lower rate, due to the mixed-use purpose of the property.

art
  • 19 September 2023
  • Privacy and Data Protection

Organisations’ use of social media: Data protection

Social media applications (or commonly known as ‘apps’) are being developed all the time and we are constantly being introduced to new social media platforms, some of which take almost no time to gain huge popularity.

art
  • 14 September 2023
  • Immigration

Entrepreneurial Dreams: What is the Innovator Founder Visa?

In an era defined by innovation and entrepreneurship, the United Kingdom has made a substantial effort towards fostering its reputation as a global hub for start-ups and innovators. The introduction of the UK’s ‘Innovator Founder’ route has marked a pivotal moment in the country’s immigration policy.

art
  • 11 September 2023
  • Corporate and M&A

Changes to the tax treatment of Employee Ownership Trusts

The government published a consultation on 18 July 2023 seeking the public’s views on its proposals to reform the tax treatment of Employee Ownership Trusts and Employee Benefit Trusts. Parties are invited to express their opinions via email via the government website until the consultation closes on 25 September 2023.

art
  • 08 September 2023
  • Immigration

Navigating the Latest Immigration Rules for Overstayers in the UK: A Comprehensive Guide for 2023

Staying beyond the expiration of your UK visa is a serious matter that, in most cases, can result in significant and long-lasting repercussions.