A guide to sustainable public procurement
Produced in partnership with Catherine Wolfenden of Osborne Clarke
A guide to sustainable public procurement

The following Local Government practice note Produced in partnership with Catherine Wolfenden of Osborne Clarke provides comprehensive and up to date legal information covering:

  • A guide to sustainable public procurement
  • Brexit impact—public procurement
  • Promoting sustainable development via public procurement
  • Technical specification
  • Selection and award
  • Minimum ability and selection
  • Mandatory and discretionary exclusions
  • Award criteria
  • Performance requirements

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Promoting sustainable development via public procurement

Directive 2014/24/EU (the Public Contracts Directive) derives its authority from the Treaty on the Functioning of the EU (TFEU), which requires that environmental protection obligations must be integrated into the definition and implementation of the EU's policies and activities, in particular with a view to promoting sustainable development.

In implementing its policies, the EU must also take into account:

  1. the guarantee of adequate social protection (TFEU, article 8)

  2. the fights against discrimination and social exclusion (TFEU, article 9)

  3. the elimination of inequality (TFEU, article 10)

The Public Contracts Directive aims to increase the efficiency of public spending, facilitate the participation of small and medium-sized enterprises (SMEs) and make better use of public procurement in support of common societal goals.

The Public Contracts Directive envisages that contracting authorities may contribute to protection of the environment and the promotion of sustainable development through procurement, while simultaneously ensuring they obtain best value for money under their contracts.

The Public Contracts Directive is implemented in England, Wales and Northern Ireland

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