Produced in partnership with Walker Morris

The following Public Law practice note Produced in partnership with Walker Morris provides comprehensive and up to date legal information covering:

  • e-Procurement
  • Brexit impact—public procurement
  • e-Procurement in the UK
  • EU rules
  • Notices
  • Procurement Documents
  • e-Submission
  • European Single Procurement Document (ESPD)
  • Standard Selection Questionnaire (SQ)
  • e-Certis
  • More...

In a relatively short period of time the use of e-Procurement tools to award public contracts has become standard practice. Consequently, those working in the public procurement field, for both contracting authorities and suppliers, need to have at least some familiarity with e-Procurement and many organisations employ specialists simply to deal with this aspect of the process.

This Practice Note examines the development and use of e-Procurement for sourcing in the public sector, ie the process leading to the award of a public contract or framework agreement (often referred to as ‘e-Sourcing’) which is governed by EU public procurement rules. This includes the use of e-Auctions and Dynamic Purchasing Systems (DPS) for sourcing.

It should be noted that electronic tools may be used to ‘e-Enable’ other processes too and, in particular, ‘Purchase-to-Pay’ (P2P)—the transactional process of authorising and placing orders (under contracts and framework agreements), receiving invoices and making payment for goods or services.

Technological developments have forged ahead faster than policy-making. Legislators have been slow to recognise the realities of e-Procurement within the EU public procurement rules. Reform has been incremental. However, in 2013 a more comprehensive vision was embraced with the adoption of 'End-to-end procurement to modernise public administration' which, among other things, involves the development of national strategies for end-to-end e-Procurement.

In 2015, Directive 2014/24/EU, the Public Contracts Directive, was implemented in the UK through

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