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Announcement About the New OJEU Forms

We would like to inform you of important changes that have been made to your Delta eSourcing service. In order to bring the Delta service fully into line with the EU Public Procurement Directives 2015, all of the new OJEU regulatory notices have been introduced into Delta.

The Publications Office of the European Union (OPOCE) recently confirmed that they are now able to allow testing of the new notice formats. We are happy to confirm to you that we have implemented these mandatory updated and new OJEU notices. Implementation took place on 23 March 2016 (after 5pm).

We would like to assure you that publications to OJEU will continue as normal, with no interruption to the service.

Important points to note:

Overview & Briefings

For further information, please go to our Frequently Asked Questions (FAQs) section, which can be found here.

In order to ensure the relevant members of your organisation are familiar with the changes that will take effect, we arranged a series of webinars with our Process & Systems Trainer, Ross Holland. You can view the on-demand webinar at your convenience here.

If you require any assistance, please contact the Delta Helpdesk here or call us on 0845 270 7050.

Further information on the completion and publication of the new notice forms can be found via our PASS Procurement Events.

Overview of the Public Procurement Regulations 2015

With the new UK Public Procurement Regulations being implemented on 26 February 2015 (and the Scottish Procurement Regulations following in August 2015), public sector procurement is finding it necessary to put plans into action now. The changes that have been implemented, as a result of the new EU Public Contracts Directive on public sector procurement, are intended to simplify rules and procedures; increase the use of eProcurement; reduce the administrative burden on suppliers; and improve public procurement. For Member States, eProcurement is soon to become mandatory, offering clarity over use of eProcurement. New requirements coming into force under the new Public Contracts Directive include that all notices are to be sent to the OJEU electronically, that all documents are to be made available electronically, and that all responses to notices are to be submitted electronically.

The new Regulations are directly applicable to central government, its agencies, non departmental public bodies (NDPBs), the wider public sector, local authorities and NHS bodies.

FAQs on the Public Procurement Regulations 2015

Q1. What are the changes to the negotiated procedure?

There will be more freedom to negotiate with less constraint on the use of the negotiated procedure. Negotiated procedure will be available for any requirements that go beyond ‘off the shelf’ purchasing, which will give bidders a better opportunity to negotiate for contracts.

Q2. What are the new exclusion rules for buyers?

Buyers are now explicitly permitted to exclude a supplier who has been guilty of poor performance under a previous contract, meaning the public sector is better protected and good suppliers will be given a better chance of winning contracts.

Q3. What are the changes to the minimum turnover requirements for bidding organisations?

Buyers will not be able to set company minimum turnover requirements at more than twice the contract value.

Q4. What are the rules on preliminary market consultation?

Preliminary market consultation is encouraged – new rules will enable preliminary market consultation between buyers and suppliers, allowing buyers to engage more with the private sector marketplace.

Q5. What are the changes at award stage?

There will be more legal clarity for buyers. Buyers will be able to take relevant bidder skills, qualifications and experience into account at the award stage, where appropriate (for example: consultants, lawyers, architects).

Q6. Are the thresholds changing?

No. However, the EU Directive included a binding commitment to review the thresholds, taking into account the current economic market, within 30 months of the Directive’s transposition (April 2016).

Q7. What are the thresholds for contract copies?

Authorities shall retain copies, at least for the duration of the contract, of all contracts with a value equal to or greater than €1,000,000 in supply or service contracts and €10,000,000 in works contracts.

The following questions relate to the new format for OJEU forms

Q8. Why are the OJEU forms changing?

The forms are changing to bring the Delta service fully into line with the EU Public Procurement Directives 2015.

Q9. What will happen to non-published notices?

Any notices that are currently in the process of being drafted but have not yet been published will be transposed into the new format, allowing you to pick up where you left off and publish your notice under the new format.

Q10. What will happen to old published notices?

Previously published notices through Delta will still be available to you and will not be affected by the release of the new OJEU notices. You will also then be able to publish any relevant awards and addendums in the new format for notices published under the old format.

Q11. Who can I contact to provide help with new notices/Delta?

Any technical queries relating to the publication of the new notice types via Delta eSourcing should be directed to the Delta Helpdesk. You can contact the Helpdesk via email at helpdesk@delta-esourcing.com, phone 0845 270 7050 or via the LiveChat function found on the left-hand side of this page.

Q12. Can I publish notices in OJEU and CF?

Yes, notices will be available to publish in the OJEU and Contracts Finder via Delta eSourcing. We submit your notices via XML which allows us to match any relevant data validations and also ensures compliance with regulation 52 under PCR 2015 (Publication at National Level).

Q13. Can I still add an addendum to old notices?

Yes, you will be able to publish any relevant addendums or awards off of notices published under the new format. Any information published in the original notice will be transposed into the new addendum/award format when created through Delta eSourcing.

Overview of Notice Types

Notice Type Note of Usage
Prior Information Notice Provides prospective contractors with visibility of a contract to be awarded at some point in the future.
It can be used in three ways:
1. As a notification of a forthcoming opportunity.
2. As a means to reducing the time limit for the receipt of tenders.
3. As a Call for Competition.
Contract Notice Allows you to advertise your contract opportunity requirements with the OJEU. Within the form, you can select which type of contract you wish to advertise.
Contract Award Notice Announces the award of the contract to the market including the winning price and contractor(s).* To create an award notice, you should normally use the Add Award button from within the previously published notice. Use the above option if you wish to create a standalone award.
Periodic Indicative Notice Utilities notice to provide prospective contractors with visibility of a contract to be awarded at some point in the future.
It can be used in three ways:
1. As a notification of a forthcoming opportunity.
2. As a means to reducing the time limit for the receipt of tenders.
3. As a Call for Competition.
Contract Notice Utilities Utilities specific version of the PCR 2015 Contract Notice, provides contract details to prospective contractors. This notice will be used to outline a full description of the tender.
Contract Notice Award Utilities Utilities specific version of the PCR 2015 Contract Award Notice, provides details of the winning bid for a particular tender. This notice may include both the winning supplier’s details and the price.
Qualification System Utilities Authorities can reach out to the market in order for contractors to engage in a system of qualification. This can be with or without a Call for Competition.
Buyer Profile Notice Announces the existence of a Buyer Profile to the supplier community.
A Buyer Profile is an online website where suppliers are able to access information concerning the awarding authority’s contract notice information.
Design Contest Notice Announces the beginning of a Design Contest. This is a procedure used for obtaining plans or designs which may lead to the award of a service contract.
Result Of Design Contest Announces the result of a Design Contest. When using this notice type, you should normally use the Add Award button from within the previously published Design Contest Notice. Alternatively, you can use Delta to create a standalone award.
Corrigendum Announces minor changes to a competition or cancels the competition process.
Voluntary Ex Ante Transparency Notice Announces the intention to enter into a contract where an OJEU Contract Notice has not been published.
The content of a VEAT notice will include full details of the awarding authority, justification for awarding the contract without prior publication in the OJEU, and the details of the successful supplier.
Modification Notice Once a contract has been signed, allows the Contracting Authority to publish the details of any changes made to the contract during its term.
Social and Other Specific Services – Public Contracts Allows Public Bodies to advertise their Social and Other Specific Services contract opportunity requirements within the Official Journal of the European Union in line with the new Light Touch Regime under the Public Contracts Regulations 2015 and the Public Contracts (Scotland) Regulations 2015.
Social and Other Specific Services – Utilities Allows Utility Bodies to advertise their Social and Other Specific Services contract opportunity requirements within the Official Journal of the European Union in line with the new Light Touch Regime under the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016.
Social and Other Specific Services – Concessions Allows Contracting Authorities to advertise their Social and Other Specific Services concession contract opportunity requirements within the Official Journal of the European Union in line with the new Light Touch Regime under the Concession Contracts Regulations 2016 and the Concession Contracts (Scotland) Regulations 2016.
Concession Notice Concessionaire Advertises a works contract awarded by the concessionaire.
The defining element of a concession is that the private sector is awarded the right to exploit the works or services. Exploitation means recovery of costs directly by the private sector from public users, in the case of both a works and services concession, or from the concessionaire body, in the case of a works concession only.
Concession Award Notice Allows the publication of an award notice in the Official Journal of the European Union once a concession contract has been awarded.