Prevention of corruption and bribery clauses in public sector contracts

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Prevention of corruption and bribery clauses in public sector contracts
  • Boilerplate provisions in public sector contracts
  • Brexit impact—public procurement and public sector contracts
  • Public procurement
  • Public sector contracts
  • Prevention of corruption and bribery provisions
  • Drafting considerations
  • Example anti-bribery and corruption provisions

Prevention of corruption and bribery clauses in public sector contracts

Boilerplate provisions in public sector contracts

This Practice Note looks at the use of prevention of corruption and bribery clauses in public sector contracts. For more information on what contracting authorities (and other interested parties) need to know when using boilerplate provisions in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations.

Brexit impact—public procurement and public sector contracts

The legal regime governing the procurement of public contracts in the UK derives from EU laws, and is therefore impacted by the UK’s withdrawal from the EU. Brexit also has wider implications for the drafting, negotiation and enforcement of contracts governed by English law.

Public procurement

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU (IP completion day). On 24 December 2020, the UK government and the European Commission announced a deal in principle on the legal terms of the future UK-EU relationship which includes provision for public procurement. The Trade and Cooperation Agreement (TCA) and associated agreements were signed and approved by the UK Parliament on 30 December 2020. For more information on the implications for public procurement, see Practice Notes: What does IP completion day mean for public law?—Public procurement and Brexit—the implications for public procurement.

Public sector contracts

The government model

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