Public procurement

The UK public procurement regime is derived from EU public procurement laws and has therefore been impacted by the UK’s withdrawal from the EU. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

This subtopic contains a selection of materials considered to be of particular relevance to construction lawyers, in relation to the UK and EU public procurement regimes. Further materials on public procurement law are available in the following overviews in the Public Law Practice Area:

  1. Pre-procurement considerations—overview

  2. Procurement procedure—overview

  3. Contract award and challenges—overview

General principles

The over-arching principle of public procurement law is that procurement is opened up to wider competition and that tenderers have an equal chance of securing contracts put out to tender. In order to achieve this, the principles of equal treatment of tenderers and transparency of tender procedures are at the heart of the UK public procurement regime.

Legislation framework

The UK public procurement regime is derived from a series of EU directives that were implemented in the UK and each EU Member

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