COVID-19: EC publishes guidance on purchasing COVID-19-related supplies and services using EU public procurement framework | Practical Law

COVID-19: EC publishes guidance on purchasing COVID-19-related supplies and services using EU public procurement framework | Practical Law

The EC has published Guidance from the European Commission on using the public procurement framework in the emergency situation related to the COVID-19 crisis (C:2020:108I:TOC) in the OJEU. The communication advises on the procedures that can be adopted or adapted for public bodies to purchase supplies, services and works that are necessary to address the COVID-19 epidemic.

COVID-19: EC publishes guidance on purchasing COVID-19-related supplies and services using EU public procurement framework

Published on 06 Apr 2020England, European Union, Wales
The EC has published Guidance from the European Commission on using the public procurement framework in the emergency situation related to the COVID-19 crisis (C:2020:108I:TOC) in the OJEU. The communication advises on the procedures that can be adopted or adapted for public bodies to purchase supplies, services and works that are necessary to address the COVID-19 epidemic.
On 1 April 2020, the European Commission published Guidance from the European Commission on using the public procurement framework in the emergency situation related to the COVID-19 crisis (C:2020:108I:TOC) in the OJEU. The communication explains the "options and flexibilities" that are available under the EU public procurement framework for the purchase of supplies, services and works that are necessary to address the COVID-19 epidemic.
The communication states that the EU directives on procurement do not constrain procurements in cases of extreme urgency. In particular, the negotiated procedure without publication allows public buyers to acquire supplies and services "as quickly as is technically or physically feasible" with direct negotiations with potential contractors, no publication requirements, no time limits or other procedural requirements (Article 32, Directive 2014/24/EU) (see Practice note, Negotiated procedure without prior publication of a notice).
The communication suggests other practical steps that public buyers might consider in order to accelerate procurement processes, and explains how an open or restricted procedure under Article 26(2) of the public procurement directive can be employed to satisfy public buyers' needs to acquire supplies and services quickly.