EU procurement—applicability
Produced in partnership with Hardwicke Chambers

The following Construction practice note produced in partnership with Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • EU procurement—applicability
  • Public Contracts Regulations 2015
  • Does the contract fall within the definition of public works contracts?
  • Does the contract fall within the definition of public supply contracts?
  • Does the contract fall within the definition of public services contracts?
  • Categorising mixed contracts
  • What is a contracting authority?
  • Is the relevant EU threshold exceeded?
  • Is the contract excluded?
  • Reserved contracts
  • More...

EU procurement—applicability

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Construction?

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.

The EU public procurement regime consists of a series of Directives implemented in each EU Member State. The key aspects of the EU public procurement regime are set out in the following Directives, implemented in England, Wales and Northern Ireland (with separate transposition in Scotland) as follows:

  1. Directive 2014/24/EU (the Public Contracts Directive) addresses contracts awarded by central government, local authorities and other public sector bodies. The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 implement the Public Contracts Directive, replacing the

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