The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to United Kingdom public procurement regulations to update certain financial thresholds, which govern the procedures for the award of public contracts for goods, works and services, following a review of those thresholds in accordance with regulation 5A of the Public Contracts Regulations 2015, regulation 9A of the Concession Contracts Regulations 2016 and regulation 16A of the Utilities Contracts Regulations 2016. This review was previously undertaken by the European Commission to ensure the thresholds continue to correspond with the relevant thresholds laid down in the World Trade Organisation’s Agreement on Government Procurement (“GPA”). Following the United Kingdom’s exit from the EU, and subsequent accession to the GPA(1) as a member in its own right, this review requirement was conferred on the Minister for the Cabinet Office by the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020. These Regulations also change the calculation of the estimated value of a procurement based on the total amount payable without making a deduction for value added tax, in order to fully implement the United Kingdom’s obligations under the GPA(2).

(1)

Cmnd. 487.

(2)

As signed at Marrakesh on 15th April 1994 and amended on or before 16th May 2021.