The following Local Government guidance note Produced in partnership with Lee Digings of Lee Digings Associates provides comprehensive and up to date legal information covering:
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.
This Practice Note considers the implications of making changes during a procurement procedure and the subsequent contract management phase when the public contract in question is subject to the EU public procurement rules (see Practice Note: Introduction to public contracts procurement).
The Practice Note focuses on:
changes to contract award criteria
changes to contracts
It looks first at the EU and domestic case law before moving on to discuss how certain principles derived from the EU case law (notably pressetext, Case C-454/06) are codified in Directive 2014/24/EU (Public Contracts Directive) and transposed in the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015).
A series of cases set the parameters for changes in these two respects and contracting authorities need to align their procedures with the guidance from the courts and, as regards changes to contracts, the PCR 2015.
Under the PCR
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