Do EU procurement rules still apply?

Do EU procurement rules still apply?

After 31 December 2020, the EU procurement rules will cease to apply to contracting authorities in the UK. However, most of the EU rules are based on Directives which have been implemented into UK law by national legislation, such as the Public Contracts Regulations 2015.

What countries have a legal right to bid for UK public sector contracts?

The EU has free trade agreements with third countries which allow UK business to participate in procurement markets in countries, such as Canada and South Korea, and it is also a signatory to the World Trade Organization (WTO) Government Procurement Agreement (GPA) – a voluntary trade agreement within the WTO.

What are the 7 core principles of public procurement?

The most important of these general principles of law for you to be aware of in the procurement context are: equality of treatment. transparency….Treaty obligations

• non-discrimination.
• free movement of goods.
• freedom to provide services.
• freedom of establishment.

What are the procurement laws?

The term of Public Procurement Law relates to those legal provisions which regulate the purchasing and the procuring of services and goods by the government, its authorities and its institutions. These include, amongst others, ministeries and departments, cities, communities, municipalities and public enterprises.

Which legislation governs public procurement?

On the national level the PFMA applies to specific institutions including: National and provincial state departments as defined in the Public Service Act 103 of 1994. Listed major public entities, national government business enterprises and other public entities.

Do EU procurement regulations still apply to UK?

As the UK historically implemented its EU law public procurement obligations through UK regulations (the principal ones being the Public Contracts Regulations 2015 (PCR 2015)), these continue to apply even though the UK has left the EU and the transition period has ended.

What are the categories of public procurement?

In Public Procurement there are generally three procurement categories: goods, works and services. Goods are physical products purchased or manufactured on request . There is usually an element of service involved, such as when the agreement is for the purchase of goods to be assembled and/or installed.

What is Section 217 of the Constitution?

Section 217 of the Constitution requires that when an organ of state contracts for goods and services, it must do so in accordance with principles of fairness, equitability, transparency, competitiveness and cost-effectiveness.

What is replacing OJEU?

On the 1st of January 2021, OJEU/TED was replaced by a new e-tendering platform called ‘Find a Tender’ (FTS). If contract spend is over the current WTO GPA threshold, tenders legally need to be posted on Find a Tender. This switch is the most notable and important, immediate effect of Brexit on public procurement.

Can UK still use OJEU?

Contracts accepted and not completed before 31 December 2020 are still subject to EU procurement rules and must publish contract updates on OJEU until completion. Once all contracts pre-2021 are completed, the OJEU and TED will no longer be necessary and cease to be used in the UK.