The primary function of EU procurement law is to open up public procurement to competition and to ensure the free movement of goods and services within the EU. The EU Public Procurement Directives are implemented in the UK as Regulations and reflect the UK government's policy that public sector purchasing decisions should be based on value for money achieved through competition.
This chapter contains sections on
- Types of communication
- Contract types - definitions
- Central purchasing bodies
- Valuation of a contract and current EU thresholds
- Award procedures
- Timescales
- Supplier selection crtieria
- Award criteria
- Tender documentation
- Notification of contract award
- Remedies
Impact on institutions
The Regulations implementing the Directives place a responsibility on institutions to advertise certain types of contract, above pre-determined values, in the OJEU and thereafter deal with the tendering and award of such contracts using a pre-determined set of procedures and practices. Note: there is a requirement to follow the spirit of the legislation in all public procurement activity - this has been re-emphasised in challenges where the European Commission has questioned Member States' failure to advertise requirements, even though the procurements fell under the appropriate financial thresholds. The outcome of these challenges is to highlight the need for the level and type of advertising used to be sufficient to ensure adequate competition.
Current Legislation
There are currently two statutory instruments that impact on the procurement practices of the public sector
- the Public Supply Contracts Regulations 2006 which relates to England, Wales and Northern Ireland
- the Public Contracts and Utilities Contracts (Amendment) Regulations 2007
- the Public Supply Contracts (Scotland) Regulations 2006 which relates to Scotland
- the Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2008
There are a number of changes in the new legislation. This guidance is in the process of being updated and while this text remains this process is not fully complete.
The material provided here is an overview of the legislation implementing EU procurement law within the UK. It looks particularly at the applications of the legislation in the HE sector. It aims to guide the reader through the legislation, but is not a substitute for the legislation itself, which should remain the key reference document for individual procurements.
Exeter University Training Slides - March 2007
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