Guidance relating to Public-sector procurement after a no-deal Brexit has been updated, as recent as the 25th of September, on this website.

If the UK were to leave the EU with a deal, the current public procurement regulations will continue to apply, unamended, for the duration of the implementation period. EU public procurement law will continue to apply during the transition period and relevant procurement regulations for England, Wales, Northern Ireland and Scotland will stay as they currently are now. Therefore, in the event of a deal there will be minimal disruption, in relation to public procurement practices, throughout the implementation period.

This scenario, as it relates to public procurement, will be mostly the same in the event of a no-deal Brexit. For the most part, the legal framework for public procurement and related procedures will remain unaltered. A difference is, however, that the location and sourcing of notices will be sent to a new UK e-notification service instead of the EU Publications Office. This is because, in a no-deal scenario, contracting authorities may no longer have access to the EU Publications Office and the OJEU which facilitates European public procurement (I.e. Tenders Electronic Daily (TED)). Government has amended current legislation to require UK contracting authorities to publish public procurement notices to a UK e-notification service called Find a Tender (FTS).

This service will, if the UK leaves without a deal, go live at 11pm GMT on 31st of October. The effect on business is that suppliers wishing to access UK contract opportunities from the UK public sector will need to access the new UK e-notification service instead of OJEU/ TED. Access details to this site are not yet available and will be provided, by the government, at a later date. Requirements to advertise in Contracts Finder, MOD Defence Contracts Online, Public Contracts Scotland, Sell2Wales and eTendersNI will remain unchanged. Domestically public procurement should not be altered in any major way.

If businesses wished to access contract opportunities from the EU, they would be able to locate these via OJEU/ TED. The government has, on the 16th of August, published further guidance for UK businesses that bid for overseas contracts and what to expect if there is a no-deal Brexit. This is in reference to the UK’s participation in the Government Procurement Agreement (GPA) and the effect to our participation in the event of a no-deal Brexit. The GPA is what allows UK business to bid for government contracts in other countries but is also what allows foreign businesses to bid for contracts in the UK. Presently, the UK is part of the GPA through our EU membership. If we were to leave with a no-deal, the UK is expected to re-join the GPA on substantially the same terms. This could take up to 30 days after exit day and the effect that this would have on business should be minimal. During this interval UK business will still have access to government procurements in many overseas markets but may temporarily lose some rights provided by the GPA.