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Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.
At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.
List of contents
Abbreviations and definitions
Introduction
How to use this book
Part I – Challenges and Opportunities
Challenges
- Legal and political context for the future of procurement law
Current legal framework for procurement law
European Union Withdrawal Act and procurement law
UK government statements on procurement law policy
Government White Paper and procurement law
European Commission Communication – impact of the ‘no deal’ scenario on procurement law
The Irish Border and its impact on procurement law
- European Commission Draft Withdrawal Agreement ("DWA") and procurement law
Draft Withdrawal Agreement key provisions
Analysis of Draft Withdrawal Agreement key provisions
Contracts subject to the EU procurement regime after the Transition Period
Procurement procedures ongoing at the end of the Transition Period
Draft Withdrawal Agreement and equality under procurement law
Draft Withdrawal Agreement and modification of existing contracts
Procurement complaints under the Draft Withdrawal Agreement
Looking into the future
- Losing access to EU online tools, universal classification systems and other guidance
eCertis and the European Single Procurement Document
OJEU advertising
Common Procurement Vocabulary codes
Loss of EU Directive 2014/24 and 2014/23 recitals
Timeline
- Reduction of access to procurement markets
International procurement instrument
Practicalities of reduced competition
Opportunities
- Potential trading models and their impact on UK procurement
Trading models summary
Existing trading models and their impact on EU-UK procurement law
Potential future trade agreements and their procurement law implications
EEA and EFTA state procurement model
EEA membership and the UK's current membership status
EEA membership and the UK's future membership status
EEA procurement regulation and key principles
EEA procurement regulation and preliminary references
EEA procurement regulation and control over new legislation
EFTA procurement model
Trade arrangements
Procurement regulation
Canadian procurement model
Trade arrangements
Procurement regulation
World Trade Organisation- Government Procurement Agreement model
Government Procurement Agreement Trade Arrangements
Government Procurement Agreement and its impact on UK procurement
Government Procurement Agreement procedural requirements
Government Procurement Agreement dispute settlement mechanisms
Government Procurement Agreement and UK membership
Ukraine's procurement model
Turkey's procurement model
- Favouring national suppliers and the 'Buy British' campaign
Case study: Buying British: Harmon
Case study: Buying British: Contract award for manufacture of British passports
Case study: Buy Australian: Australia's accession to the GPA
Buying British: The Equality Act 2010
Artificial narrowing of technical specifications to favour national suppliers
EU view on discriminatory procurement policies
- Potential revisions of the procurement regime
Potential revisions of the procurement regime - simplifying the current procurement system
Potential revisions of the procurement regime - below threshold contracts
Potential revisions of the procurement regime - remedies regime after Brexit
Remedies regime after Brexit - fast track or tribunal process
Remedies regime after Brexit - Shorter and Flexible Trials pilot scheme
Remedies regime after Brexit - remedies review
Remedies regime after Brexit - remedies systems in other EU member states
Remedies regime after Brexit - equality
- The future of procurement law
Procurement law during the Transition Period
Procurement law after the Transition Period
Probable direction of procurement law
Part II – Key Legislation and Recommended Reading
- Annex I: Summary Dashboard
- Key pieces of legislation
- Recommended reading
Source acknowledgements
Index
About the author
Catherine Maddox is a solicitor practising EU law in London.
Summary
Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.
