The University of Cambridge is not a public body within the meaning of the Public Contracts Regulations 2015 (Directive 2014/24/EU) as amended by the Public Procurement (Amendment) (EU Exit) Regulations 2020 and is not subject to the European procurement legislation.
Where the University advertises contracts via the UK e-notification service, it does so on a voluntary basis and does not undertake any obligation to comply with the procurement legislation. The University reserves its rights in full to adapt or step outside the procedures in the procurement legislation as the University considers necessary. Where the University advertises contracts in the Official Journal of the European Union (OJEU), it does so on a voluntary basis and does not undertake any obligation to comply with the procurement legislation. The University reserves its rights in full to adapt or step outside the procedures in the procurement legislation as the University considers necessary.
The University will only advertise contract opportunities in the OJEU where the requirements of project funding mandate that it is tendered under the Regulations. In such circumstances, a contract opportunity notice will also be published on the Governments Contracts Finder portal if the value of the opportunity is over the thresholds set by the University.
In exceptional circumstances only where the regulations may apply to a specific procurement, authorisation to not follow the Public Contract Regulations may be granted by the Director of Finance (for goods and services) or the Director of Estates Division and Building Services (for property and construction and related procurement) in accordance with Regulation 32 of the Public Contract Regulations.
For any contract that you believe may fall within scope of the Regulations it is vital that early engagement is made with Procurement Services as there are minimum timescales that apply under the Regulations that must be adhered to.
On a related matter, the University of Cambridge does not support the use Crown Commercial Services ('CCS') frameworks, platforms or contracts for the following reasons:
- All activities with CCS are under OJEU. University of Cambridge is not a public body within the meaning of the Public Contract Regulations 2015 (Directive 2014/24/EU) and is not subject to the European procurement legislation and cannot guarantee compliance to the competition mechanisms laid out in the CCS frameworks, platforms or contracts as required by law.
- CCS terms and conditions of contract with contracting parties under its frameworks, platforms or contracts as required by law are non-negotiable and not acceptable to the University of Cambridge
- Cost benchmarking activities have identified those contracting parties which are exempt under Public Contract Regulations 2015 (Directive 2014/24/EU) can secure better commercial outcomes through competitive tendering directly with the market