Regulation 74 – Award of contracts for social and other specific services

Commentary

Regulation 74 PCR2015 transposes Article 74 of Directive 2014/24/EU and simply opens the section on the procurement of social and special services by indicating that public contracts for social and other specific services listed in Schedule 3 (which replicates Annex XIV of Dir 2014/24/EU) shall be awarded in accordance with the rules in Regulations 75 to 77 PCR2015. 

Other than creating this “light touch regime” for social and special services, Regulation 74 PCR2015 does not have much substantive content of its own. For discussion of the light touch regime, see the Crown Commercial Services Guidance here and S Smith, “Articles 74 to 76 of the 2014 Public Procurement Directive: the new “light regime” for social, health and other services and a new category of reserved contracts for certain social, health and cultural services contracts” (2014) 23(4) Public Procurement Law Review 159-168.

For some background discussion on the role of the light touch regime in enabling Member States to reform their public sector and, in the specific case of the UK (England), to deepen the mutualisation strategy supported by the current Tory government and the previous Coalition government, see A Sanchez-Graells & E Szyszczak, ‘Modernising Social Services in the Single Market: Putting the Market into the Social‘ (2013).

It may be worth pointing out that Regulation 74 PCR2015 deviates from Article 74 of Directive 2014/24/EU in that it does not reiterate the value threshold above which those contracts are covered–which, however, is to be found in Regulation 5(1)(d) PCR2015 as a mere referral to the value determined in the Directive. Ultimately, it is worth remembering that such value is of €750,000, which is converted into £625,050 for OJEC advertisement purposes – irrespective of the recent EUR/GBP fluctuation indicating once more the lack of logic for using financial thresholds.

In addition, on the general implications of the Spezzino judgment (Case C-113/13 ECLI:EU:C:2014:2440 see P Telles, (2016) ‘The impact of Spezzino judgment for third sector organisations’, EPPPL, Vol 11.

 

Last modified: December 5, 2016 by Pedro Telles

74.  Public contracts for social and other specific services listed in Schedule 3 shall be awarded in accordance with this Section.