The European Commission has just published its position paper regarding public procurement within the context of the Brexit negotiations. Here are the main take aways:
1. Current rules are to be followed until Brexit happens and procedures/framework agreements being conducted at that moment subject to the same rules as before.
2. Review of procedures and legal remedies should continue to apply after Brexit but only for those procedures initiated before it.
The Commission has defined what it considers to be a 'ongoing public procurement procedure' and clarified that one is "launched" if the call for competition has been transmitted to the Publications Office of the European Union.
One final note about e-Certis: contracting authorities in the UK will maintain access to e-Certis after withdrawal but only for the procurement procedures "live" at the moment of withdrawal. No word about future integration/access to ESPD though.
Maybe a transitional agreement would be of help?!