Utilities Contracts Regulations 2016
Procurement in the public and utilities sectors in the UK is currently governed by EU law. Translink falls within the Utilities Sector.
The Utilities Contracts Regulations 2016 are derived from European Union Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal service sectors, the purpose of which is stated as being: “to ensure the opening up of competition of procurement by entities operating in the water, energy, transport and postal services sectors…in respect of contracts above a certain value.”
General EU Principles
Northern Ireland Procurement Policy
As a body governed by public law in Northern Ireland, Translink is also subject to Northern Ireland Public Procurement Policy, which sets out 12 guiding principles:
- Accountability: Effective mechanisms must be in place in order to enable Departmental Accounting Officers and their equivalents in other public bodies to discharge their personal responsibility on issues of procurement risk and expenditure.
- Competitive Supply: Procurement should be carried out by competition unless there are convincing reasons to the contrary.
- Consistency: Suppliers should, all things being equal, be able to expect the same general procurement policy across the public sector.
- Effectiveness: Public bodies should meet the commercial, regulatory and socio-economic goals of government in a balanced manner appropriate to the procurement requirement.
- Efficiency: Procurement processes should be carried out as cost effectively as possible.
- Fair Dealing: Suppliers should be treated and without unfair discrimination, including protection of commercial confidentiality where required. Public bodies should not impose unnecessary burdens or constraints on suppliers or potential suppliers.
- Integration: In line with the statutory duties on equality of opportunity and sustainable development, and the Executive’s policy on joined-up government, procurement policy should pay due regard to the Executive’s other economic, social and environmental policies, rather than cut across them.
- Integrity: There should be no corruption or collusion with suppliers or others.
- Informed Decision Making: Public bodies need to base decisions on accurate information and to monitor requirements to ensure that they are being met.
- Legality: Public bodies must conform to EC and other legal requirements.
- Responsiveness: Public bodies should endeavour to meet the aspirations, expectations and needs of the community served by the procurement.
- Transparency: Public bodies should ensure that there is openness and clarity on procurement policy and its delivery.
Translink is committed to eliminating the risks of modern slavery and human rights violations from its entire supply chain.
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