Tendering for Care

Light Touch Services

Which services are covered by the new "light touch" regime under the new Directive

Since the introduction of the 2004/18/EC Directive some services have been classified as "Part B” (to Annex III to the Directive. This set out a range of services which included health; education and social care. Purchasers have been required to comply with just three aspects of this earlier Directive: Advertising the tender; provide a Technical Specification; and providing feedback. However they have generally complied with the requirements for non-Part B tenders. Indeed although not required to do so many publish Part B tenders in the OJEU.

There is a similar "light touch" to be applied to a set of service contract under the Directive 2014. Articles 74; 75 and 76 set out requirements for such tenders to comply with the "principles of transparency and fairness". Further a set of criteria are suggested which National Governments may adopt. How this will operate in detail will not become clear until the Cabinet Office published the UK draft Regulations.

In reality it is unlikely that much will change with regard to the purchasing of Annex XVI services. The need for purchasers to demonstrate that in the process they have used all those tendering have been treated with fairness and transparency means that an open competitive process - a competitive tender will be required.

We will update this section as information becomes available.

The download is a section of Annex XVI This identifies the precise Health, Education, Social and Cultural service which are set out in the Annex. Other services are included which are not listed here. These can be provided on request.

[NOTE: in the final version of the Directive "Annex XVI" has been renamed "Annex XIV"]

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