Regulated public procurement

Regulated public procurement in the UK

In February 2014 the European Council adopted texts of 3 new Directives that significantly recast the procurement rules for the execution of works, the supply of products and the provision of services. The UK government has already enacted the public procurement rules (but not yet the rules relating to utilities procurement), subject to transitional provisions. This chapter sets out the new law. The principal changes to the previous regime are identified by '[NEW]'.

The need for regulation of public procurement is clear, and nowhere more so than in the construction industry. The public sector annually invests vast sums in construction and engineering projects, making it an extremely significant construction client.

Regulation seeks to ensure that its procurement policy operates fairly towards suppliers, while at the same time ensuring that its expenditure represents an efficient allocation of public resources.

An ancillary ambition, which has perhaps not yet been wholly achieved, is to simplify tender participation.

This section is maintained by Seb Oram of 3PB Barristers.