Welsh Procurement Policy Note WPPN 03/24: Process changes following the UK’s accession to the CPTPP

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• A globally responsible Wales

• The information set out in this document is neither legal advice nor statutory guidance and is not intended to be exhaustive. Nor is it intended to override existing legal obligations applicable to Welsh Public Sector (WPS) bodies – contracting parties should seek their own independent legal advice as appropriate. Please also note that the law is subject to constant change and advice should be sought in individual cases. This document reflects the position as at December 2024.
• This Welsh Procurement Policy Note (WPPN) builds on, and is consistent with, the Wales Procurement Policy Statement and the Public Contracts Regulations 2015 (SI 2015/102) (PCR 2015) as amended by the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (SI 2020/1319).
• The note therefore assumes a certain level of knowledge of public procurement. It is available via the Welsh Government website GOV.WALES and any queries should be directed to the Welsh Government's customer services.

This WPPN provides notice of minor changes to the notice publication process within Sell2Wales as a result of the UK’s accession to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) trade agreement. These changes are required in order to fulfil international obligations and will come into effect from 15 December 2024.

This WPPN has been published to assist all Welsh contracting authorities (WCAs), including Welsh Government departments, NHS Wales bodies, Welsh Government Sponsored Bodies, local authorities and the wider public sector. This WPPN covers goods, services and works contracts being delivered in Wales.

Please circulate this WPPN across your organisation and to other relevant organisations that you are responsible for, drawing it to the specific attention of those in procurement, commercial and finance roles.

The UK’s membership of the CPTPP has necessitated some minor process changes to the publication of contract award notices connected to contracts subject to this agreement.

WCAs currently have the option to list in a contract award notice the value of the highest and lowest tenders received, instead of the actual contract value. In order to comply with the terms of the CPTPP, this option will be withdrawn in relation to higher value regulated procurements from 15 December 2024 and WCAs will be required to list the actual estimated contract value.

From 15 December 2024, when publishing a contract award notice, WCAs are also required to make a note highlighting that their tender is covered by the CPTPP. This should be included under section VI.3 ‘Additional information’ by adding the text “Covered by CPTPP” when publishing the contract award notice on Sell2Wales.

A WCA can determine whether the procurement is covered, by reviewing Annex 15-A of the CPTPP agreement which sets out which entities, goods and services categories it applies to, and the thresholds that the procurement must equal or exceed.

The UK’s membership of the CPTPP has necessitated some minor procedural amendments to the rules governing the award of contracts subject to those agreements. These changes are implemented by way of amendments to the Public Contracts Regulations 2015 (PCRs), the Utilities Contracts Regulations 2016 (UCRs) and the Concessions Contracts Regulations 2016 (CCRs). These changes are made by the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 and take effect from the date of entry into force of the CPTPP for the United Kingdom. This is 15 December 2024.

This WPPN is effective from the date of publication, until it is superseded or cancelled.

This WPPN aligns with all of the principles contained in the Wales Procurement Policy Statement.

If you have any questions about this WPPN, please contact: Commercial Policy: CommercialPolicy@gov.wales

The UK’s accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on GOV.UK