Policy and Regulatory Reform of Construction Procurement and embedding reforms in contemporary practice
Impact: Public Policy Impacts, Cultural & Creative Impacts, Economic & Commercial Impacts
- Mr Walter Menteth, B. A. (Arch), Dip Arch, RIBA, FRIAS (Participant)
Description of impact
•Directive 2004/18/EC (effective 18 April 2016).
The reformed:
•Directive 2014/24/EU (entered into force effective April 2014)
•Public Contract Regulations 2015 (England Wales and N. Ireland)
•Public Contracts (Scotland) Regulations 2015, effective 18 April 2016
and
•The EU commitment to give consideration to seeking “where possible and appropriate, an increase of the threshold amounts” at the next World Trade Organisation General Procurement Agreement (WTO GPA) negotiation round (Art 92).
Some examples:-
•New SME friendly legislation incl:- proportionately mitigated turnover (Art 58.3 limitation to max 2x a contracts value.), PI and experience criteria; free documentation (Art 53); constraint on contract aggregation (Art 46.1 on an apply or explain principle.); the European Single Procurement Document (Art. 59 ESPD), structure, language and legal clarity simplified to improve transparency (UK 1st use in transposition of a copy out of the Directive).
•Encouraging more diverse procurement practices: negotiated procedures (Art 32 now incentivised) and consortia practice;
•Self certification (Art 59) and the verification process for exclusion criteria prior to award (which is now no longer applicable Art 64.6,)
•Capacity to reject abnormally low tenders (Art 69); timescale reductions;; transparency commitments; and full digital procurement.
The Public Contract Regulations 2015 (England Wales & N. Ireland)
•Contracts Finder a national digital procurement portal now transparently advertising all notices; PQQs for below EU thresholds contracts now banned; Sub-contractors have 30 days payment terms embedded.
•UK 1st use in transposition of a Procurement Directive of the copy out principle – further simplifying and aligning regulatory comprehension. Clarity now given in the transcript of the directive & PCR2015 between eg. ‘shall’ and ‘may’ to better distinguish mandatory and non-mandatory clauses.
Development and embedding of standard PQQs (Prequalification questionnaires - PAS 91 & Crown Commercial Services standard PQQ’s)
Further examples of changes are described here www.projectcompass.co.uk/index.php?page=compass&sub=general_guidance&item=7
Continuing impact is being undertaken generated from this research by a range of other current engagements
Who is affected
Narrative
The underpinning hypothesis of this body of research derives from:
• Commercial practice located research and experience by the firm of Walter Menteth Architects developed initially from engagement in a number of public contract bid submissions and contract awards made through the proscribed procedures of the EU Directives.
• The hypothesis were developed by supplementary research incl. document reviews, evaluation, additional empirical research, international engagement, consultations and their responses, and surveys across the policy and practice remit.
From which developed an iterative synthesise developing progressive policy alignments,
• In summary conclusion the hypothesis called for comprehensive reform to achieve the impacts identified below amongst others.
Category of impact
- Public Policy Impacts
- Cultural & Creative Impacts
- Economic & Commercial Impacts
Documents
DCLG_Build_Regs_Rationalisation_Analytics_2076727
8.83 MB, PDF document
DCLG_Build_Regs_Rationalisation_Parts_K_M_N_Impact_assesment2076701
122 KB, PDF document
Housing_Forum_Rationalising_Regulations_for_growth_and_innovation April 2012
2.4 MB, PDF document
1.03 MB, PDF document
DCLG_Housing Standards Review Cost Impacts Sept. 2014
1.79 MB, PDF document
1.71 MB, PDF document
Related information
Outputs
Talk back: interview with Walter Menteth
Research output: Contribution to journal › Article
Sustainability in practice: VAT reform would promote sustainable building and cost nothing- so why the delay?
Research output: Contribution to journal › Comment/debate › peer-review
Procurement cheer for small firms
Research output: Contribution to journal › Article › peer-review
Borrowing from IT: The search for improved procurement methods seems perennial. But there are better ways
Research output: Contribution to journal › Article › peer-review
Passing the buck: The new construction crisis: Huge problems with quality in UK construction is apparent. Action must follow.
Research output: Contribution to specialist publication › Article
The fulcrum
Research output: Non-textual form › Web publication/site
Glossary of UK terms: design contests and competitions
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
A synopsis of UK architectural competitions, practices and trends
Research output: Book/Report › Commissioned report
Summary of ‘Public Construction Procurement Trends 2009-2014’
Research output: Book/Report › Other report
Project Compass
Research output: Non-textual form › Web publication/site
E-procurement and the public architectural competitions mesh
Research output: Contribution to conference › Abstract › peer-review
Building ladders of opportunity: how reforming construction procurement can drive growth
Research output: Contribution to conference › Paper › peer-review
Introduction
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
Guidance on the UK vote for Brexit: what the vote for Brexit means for public procurement in the UK
Research output: Contribution to specialist publication › Article
Competition Culture in Europe: Voices
Research output: Book/Report › Book
Procurement Recommendation March 2017
Research output: Book/Report › Other report
Buying smart-better procurement: digital transformation. Releasing potential - 2 cases
Research output: Contribution to conference › Paper › peer-review
Building ladders of opportunity: can we afford public sector procurement in these straightened times?
Research output: Contribution to conference › Paper › peer-review
Thefulcrum.eu: for European collaboration
Research output: Contribution to conference › Paper › peer-review
Why engaging with procurement is fundamental: unlocking capacity and talent to deliver better quality and sustainability
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
RIBA Submission PAS 91: response paper to the review of PAS 91
Research output: Working paper
Project Compass: the international dimension of procurement in architecture
Research output: Contribution to conference › Paper › peer-review
EU green paper on the modernisation of EU public procurement policy: towards a more efficient European procurement market: response paper
Research output: Book/Report › Commissioned report
Research in commercial practice: procurement
Research output: Contribution to conference › Paper › peer-review
Case Studies: Architects: Check whether the judges include Prince Charles
Research output: Chapter in Book/Report/Conference proceeding › Chapter
Why only architectural competitions? A tale of two bridges
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
Competition Culture in Europe: 2013 - 2016
Research output: Book/Report › Book
The European Single Procurement Document briefing paper
Research output: Contribution to specialist publication › Article
Competition intervention: GreenArch programme
Research output: Contribution to conference › Paper › peer-review
Public construction procurement trends 2009-2014
Research output: Book/Report › Monograph › peer-review
Introduction
Research output: Chapter in Book/Report/Conference proceeding › Other chapter contribution
Procurement: case studies
Research output: Book/Report › Book
No Brexit deal: accessing procurement notices
Research output: Contribution to specialist publication › Article
Ten Principles for Procuring Better Outcomes
Research output: Book/Report › Commissioned report
Save time on tendering for public projects
Research output: Contribution to specialist publication › Article
E-procurement delivering better design competitions
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
Collaboration and partnering in Irish construction procurement: challenges and opportunities
Research output: Contribution to conference › Paper
Government consults on cash retentions in the construction industry
Research output: Contribution to specialist publication › Article
Sustainable retrofit of Existing Buildings. Stage Zero. Lesson 5. Procurement for retrofitting
Research output: Non-textual form › Artefact
Education Funding Agency procurement issues
Research output: Book/Report › Monograph › peer-review
European competition programmer handbook: GreenArch project results with summary recommendations
Research output: Book/Report › Commissioned report
Building ladders of opportunity: how reforming construction procurement can drive growth
Research output: Contribution to conference › Paper › peer-review
Access: Who can participate: (shifting the paradigm)
Research output: Contribution to conference › Paper
Opportunities for SME contractors in the schools estate: insights into how procurement change can impact smaller firms and open the way for smaller building firms to bid for schools work
Research output: Contribution to conference › Paper
Building ladders of opportunity: how reforming construction procurement can drive growth in the UK economy
Research output: Contribution to conference › Paper › peer-review
Design contest guidance: for selecting architects and design teams
Research output: Book/Report › Book
VAT reform would promote CO2 emissions reductions, more sustainable building & cost nothing – so why the delay: a Project Compass response to the Climate and Biodiversity Emergency objectives defined in ARCHITECTS DECLARE
Research output: Contribution to specialist publication › Article
Refurbishing old buildings reduces emissions – but outdated tax rates make it expensive
Research output: Contribution to specialist publication › Article
Thames Garden Bridge: procurement issues
Research output: Book/Report › Monograph › peer-review
European competition programmer handbook: GreenArch project results: appendix including a synopsis of the research
Research output: Book/Report › Commissioned report
Competitions and the confusion of words
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
Incentivising design quality and sustainability: VAT is a powerful tool and changing the rates can incentivise the sustainability agenda
Research output: Book/Report › Other report
EU procurement directive: emerging public sector procurement
Research output: Contribution to conference › Paper › peer-review
Sustainable retrofit of existing buildings. Stage Zero. Lesson 4. Fiscal incentives and funding opportunities
Research output: Non-textual form › Artefact
Procurement
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review
Item 5 Procurement Reform: RIBA Practice & Profession Committee
Research output: Working paper › Discussion paper
Guidance to architects when engaging with local public sector procurement bodies: RIBA Procurement Reform Group
Research output: Working paper › Discussion paper
A draft guide for using & understanding the information available on TED on OJEU notices
Research output: Book/Report › Commissioned report
Design Contest Portals, by country
Research output: Non-textual form › Web publication/site
Activities
RIBA Events - Perspectives on Architecture
Activity: Talk or presentation types › Invited talk
Public Practice
Activity: Talk or presentation types › Invited talk
Competition Culture in Europe
Activity: Talk or presentation types › Invited talk
Architects meet in Fuoribiennale 5th Edition
Activity: Talk or presentation types › Invited talk
Better Outcomes Through Innovation:
Activity: Talk or presentation types › Invited talk
Public Procurement
Activity: Talk or presentation types › Invited talk
Delivery is an essential part of Design
Activity: Talk or presentation types › Invited talk
Collaboration and Partnering in Irish Construction Procurement
Activity: Participating in or organising an event types › Participation in conference
ICC 2016: The Competition Mesh
Activity: Participating in or organising an event types › Participation in conference
ICC 2016: The Competition Mesh
Activity: Participating in or organising an event types › Participation in conference
GreenArch EU Project (External organisation)
Activity: Membership types › Membership of committee or panel
Construction Industry Summit
Activity: Participating in or organising an event types › Participation in conference
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of council
Client conversations: Insights into successful project outcomes
Activity: Consultancy types › Consultancy
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of committee or panel
Public Procurement
Activity: Talk or presentation types › Invited talk
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of committee or panel
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of network or group
Cabinet Office (External organisation)
Activity: Membership types › Membership of committee or panel
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of council
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of committee or panel
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of committee or panel
Royal Institute of British Architects (External organisation)
Activity: Membership types › Membership of committee or panel
An Essential Guide to Public Procurement: Better Prospects + More Opportunities.
Activity: Talk or presentation types › Invited talk
Public Procurement lecture at the University of Birmingham
Activity: Talk or presentation types › Invited talk
Lecture on Public Construction Procurement
Activity: Talk or presentation types › Invited talk
NET_LEARNING: New Energy to Rebuild
Activity: Talk or presentation types › Invited talk
RIBA (Publisher)
Activity: Publication peer-review and editorial work types › Publication peer-review
Public Procurement Lecture at Birmingham University
Activity: Talk or presentation types › Invited talk
Impacts
Policy and Regulatory Reform of Construction Procurement and embedding reforms in contemporary practice
Impact: Public Policy Impacts, Cultural & Creative Impacts, Economic & Commercial Impacts
Policy and Regulatory Reform of Construction Procurement and embedding reforms in contemporary practice
Impact: Public Policy Impacts, Cultural & Creative Impacts, Economic & Commercial Impacts
Policy and Regulatory Reform of Construction Procurement and embedding reforms in contemporary practice
Impact: Public Policy Impacts, Cultural & Creative Impacts, Economic & Commercial Impacts
Media
Cambridge University drops turnover bar for firms competing for campus masterplan
Press/Media: Expert Comment
Architects help clients appoint top talent
Press/Media: Expert Comment
Housing association's U-turn over 'zero fees' demand
Press/Media: Expert Comment
Architects' fury after Islington cancels framework
Press/Media: Expert Comment
Small firms set to benefit from EU procurement changes
Press/Media: Expert Comment
Nurturing young talent is an investment in our future
Press/Media: Expert Comment
Procurement is widening the gap
Press/Media: Expert Comment
EU poised to approve radical overhaul of public procurement
Press/Media: Expert Comment
RIBA procurement plans
Press/Media: Expert Comment
Fury over RIBA competition
Press/Media: Expert Comment
Mega framework could damage economy
Press/Media: Expert Comment
Most RIBA competition-winning projects never built
Press/Media: Expert Comment
Contentious RIBA office competition
Press/Media: Expert Comment
Little chance of securing architecture projects through EU procurement
Press/Media: Expert Comment
Cardiff to restart student union contest
Press/Media: Expert Comment
The Education Funding Agency’s controversial £5bn Regional Framework
Press/Media: Expert Comment
Development of no-deal OJEU replacement ‘well under way’
Press/Media: Expert Comment
Upper Orwell Crossings, Ipswich
Press/Media: Expert Comment
Upper Orwell Crossings, Ipswich
Press/Media: Expert Comment
What is going wrong with architectural competitions?
Press/Media: Expert Comment
The temporary House of Commons & restoration of the Palace of Westminster
Press/Media: Research
Shock at tender process for museum project run by one of the bidders
Press/Media: Expert Comment
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