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.
RICS standards and guidance
- RICS property measurement
- UK commercial real estate agency
- New rules of measurement
- QS and construction standards
- Residential property standards
- Valuation standards
- List of RICS standards and guidance
- RICS standards and guidance archive
- UK legislation The Public Contracts Regulations (PCR) 2015
- Overview of The Utilities Contracts Regulations (UCR) 2006
- Impact of European procurement law
- UK Government procurement policy
- Future trends in public procurement
- Further information on public procurement
Key public procurement cases
- Commission interpretative communication (2006/C 179/02)
- Case T 258/06 Germany v Commission (20 May 2010)
- Case C 507/03 Commission v Ireland  ECR I 9777
- Case C 454/06 pressetext Nachrichtenagentur  ECR I 4401; Case C 91/08 Wall AG v La ville de Francfort-sur-le-Main (13 April 2010)
- Risk Management Partners Ltd v Brent London Borough Council  2 All ER 209 (SC)
- Sita UK Ltd v Greater Manchester Waste Disposal Authority (2011) 134 Con LR 1 (CA)
- Mears Ltd v Leeds City Council  BLR 155 (TCC)
- J Varney & Sons Waste Management Ltd v Hertfordshire County Council  EWCA Civ 708 (CA)
- Turning Point Ltd v Norfolk County Council  EWHC 2121 (TCC)
- R (ota Hossacks) v Legal Services Commission  EWCA Civ 1203 (CA)
- Case C‑601/13 Ambisig v. Nersant (Unreported, Court of Justice of the European Union), 26 March 2015