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4 days ago · 25. Certain provisions in the Act relating to defence and security contracts only apply to contracts awarded by defence authorities.
- Defence and Security Summary Document
This section contains details of the exemptions and...
- Defence and Security Summary Document
- Introduction
- What Contracts Are Covered?
- What Are Our Obligations to Economic Operators Outside The UK and Gibraltar?
- What Are The Main Features of The Dspcr?
- Advertising
- Procurement Procedures
- Framework Agreements
- Central Purchasing Bodies
- What Are The Rules on Technical Specifications?
- What Are Selection Criteria?
1). The Defence and Security Public Contracts Regulations (DSPCR) 2011 implemented the European Union (EU) Defence and Security Procurement Directive (the “Directive”)[footnote 1]into United Kingdom (UK) law. They came into force on 21 August 2011. 2). The DSPCR is ‘retained EUlaw’ by virtue of section 2 of the European Union (Withdrawal) Act 2018....
9). The DSPCRcovers specific contracts in the fields of defence and sensitive security for the procurement of: a. the supply of military equipment, including any parts, components or sub-assemblies of military equipment; b. the supply of sensitive equipment, including any parts, components or sub-assemblies of sensitive equipment; c. work[footnote ...
13). One of the major changes under the 2019 amendment is the rights and remedies UK procurers are legally required to afford to economic operators outside the United Kingdom or Gibraltar. 14). The definitions of “contractor”, “supplier” and “service provider” in regulation 3, which feed into the economic operator definition at regulation 5 have be...
21). Procurement under the DSPCRmust follow the advertising rules for publishing on the Find a Tender service. You must follow the correct procurement procedures and draft the necessary notices, tender and contract documents with care to ensure you give the correct information. 22). Unlike the PCR 2015, the DSPCR does not include the open procedure...
23). The Find a Tender service has replaced OJEU in the amended DSPCR for all procurements launched after 31 December 2020. You must use the Defence Sourcing Portal to post notices to the appropriate platform. However, if your procurement was launched before 31 December 2020 however, you will continue to post adverts on the OJEU, as your procuremen...
24). The default procedures in the PCR 2015 are the open and restricted procedures. However, your starting position in the DSPCRwill be a free choice of running a competition under the restricted procedure or using the negotiated procedure with prior publication of a contract notice (referred to as the “competitive negotiated procedure” in this gui...
28). The provisions in the DSPCRon framework agreements (Regulation 20) allow you to place a framework agreement with a permitted maximum duration of 7 years. 29). You can only place a framework agreement longer than 7 years in exceptional circumstances. You must determine the circumstances by considering the expected service life of any delivered ...
31). The definition of a central purchasing body in the DSPCR includes a European public body. This has been maintained post exit day as it may be appropriate for the UK to continue to purchase through a European public body as such bodies are not necessarily institutions of the EU and participation is not necessarily linked to EU membership. Altho...
33). The term “technical specifications” means the document identified in the contract documents by the procurer, which sets out their requirements in respect of the provision of works, goods or services. 34). Technical specifications must not have the effect of creating unjustified obstacles to open competition. The DSPCRdoes not permit technical ...
37). The purpose of selection criteria is to ensure that the tenderers have sufficient financial, economic, technical and professional capacity to fulfil the contract. However, you are also able to limit the number of suitable candidates through the application of additional objective and non-discriminatory criteria. 38). You must write clear and n...
Apr 22, 2024 · This section contains details of the exemptions and additional provisions applicable to defence and security contracts and contracting authorities under the Procurement Act.
They will apply to defence and sensitive security procurements by contracting authorities 2 and utilities 3 (the “procurers”) throughout England, Scotland, Wales and Northern Ireland.
Sep 13, 2024 · There are two sets of regulations that oversee defence procurement: The Defence and Security Public Contracts Regulations (DSPCR) and the Single Source Contract Regulations (SSCR). The DSCPR will be repealed when the Procurement Act 2023 comes into force. This is expected to be in October 2024.
2.5 On the 26 March 2019, the Secretary of State for Defence made a statutory instrument to amend the DSPCR 2011; The Defence and Security Public Contracts Regulations (Amendment) (EU Exit)...
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1. These Regulations may be cited as the Defence and Security Public Contracts Regulations 2011 and come into force on 21st August 2011. Review. 2. — (1) The Secretary of State must carry...
