Thread by @allthecitizens

Emergency contracting rules - given concerns about widespread cronyism, just how long will UK’s public bodies go on awarding government contracts without tender?

Answer: the Cabinet Office isn't saying.
THREAD

In March 2020, as the UK went into lockdown, the gov issued a “guidance notice” (PPN 01/20) on how public bodies could procure goods and services without tendering them, due to the emergency situation.
gov.uk/government/pub…

This encouraged various public bodies to issue ‘direct awards’ to suppliers without tendering them, invoking Regulation 32(2)(c) under the Public Contract Regulations (PCR) 2015.

In July 2020, @allthecitizens emailed the Cabinet Office, asking “what rules or policies govern how long this PPN will be in force, or whether these emergency procurement rules will continue to be in force until the government decides that they should end?”

Their reply was that “The PPN did not introduce a new policy; it simply raised awareness of the existing Regulation 32(2)(c). The PPN will therefore not 'time out' while the PCR 2015 remain in use.”

Then,, on 20 Feb, we submitted an FoI request, asking:
A) who has responsibility for deciding when it is no longer necessary to use emergency tendering processes;
B) how will it be decided that the situation no longer requires the use of emergency reg's?
whatdotheyknow.com/request/how_lo…

On April 7, the Cabinet Office replied saying that “it is for individual authorities to make their own determinations on when to use these procedures” and they can continue to do so as long as they can demonstrate that…
whatdotheyknow.com/request/how_lo…

.@allthecitizens are now seeing many contracts awarded under emergency direct awards which are unconnected to the pandemic, citing “extreme urgency following COVID-19 pressures”.

The pandemic has certainly had a knock on effect on many NHS services, but does this justify the continued use of tender processes which reduce transparency and accountability in contracting… and given the scandals of producerement, we have to ask for how long?

The Cabinet Office is saying that as long as the DHSC and the minister in charge, Matt Hancock, want to continue to bypass normal tendering procedures, they can do so, and it is entirely up to them to decide. Once again, the government is getting to mark its own homework.

We've asked the Cabinet Office to say whether it has any plans to publish further guidance on the use of emergency contracting rules, and whether they still believe there are unforeseen or emergency circumstances over a year into the pandemic. Like many others, we want to know...