Pathways through the maze - a guide to procurement law

The PSDN launched yesterday the new publication "Pathways through the Maze: a guide to procurement law", produced in partnership with NAVCA.

The guide aims to be a tool to increase the voluntary sector's knowledge of the law regulating procuremnet and with it its confidence and ability to engage with the public sector throughout the commissioning and procurement cycle. At the same time, we hope that the guide will raise awareness in the public sector of ways to work better with the voluntary sector when procuring for services.

three key mythbusting facts you will learn reading the guide:

- Part B services (such as health and social services, education and vocational education and many of the services provided by the voluntary sector) are not subject to the full EU procurement rules. This means that commissioners have discretion over the procedures they choose to follow to award contracts, as long as these are fair and transparent

- It is legal to engage with potential providers at the service design stage before the actual procurement commences

- Grants only fall under the category of "State Aid" only when it meets 4 key criteria:

• it favours certain undertakings or the production of certain goods
• it is provided through state resources
• it distorts or threatens to distort competition and
• affect trade between Member States

While it is important to take State Aid issues seriously, most grant aid given to the voluntary sector will not affect trade between member states and hence does not qualify as State Aid.

The guide is free to download  from NCVO's website www.ncvo-vol.org.uk/pathways