Procurement correspondence—general principles
Produced in partnership with Andrew Millross, Partner of Anthony Collins Solicitors LLP
Procurement correspondence—general principles

The following Local Government guidance note Produced in partnership with Andrew Millross, Partner of Anthony Collins Solicitors LLP provides comprehensive and up to date legal information covering:

  • Procurement correspondence—general principles
  • Brexit impact—public procurement
  • EU Treaty principles
  • Electronic communication and information exchange
  • Availability of procurement documents
  • Confidentiality

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: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

EU Treaty principles

A contracting authority must observe the general EU Treaty principles of equal treatment and transparency in relation to all public procurement correspondence. Failure to adhere to these principles is often cited in public procurement challenges. This is confirmed by a number of case law examples, eg:

  1. 'the duty to observe the principle of equal treatment of tenderers lies at the very heart of the procurement Directives'

  2. 'the principle of equal treatment implies an obligation of transparency in order to enable compliance with it to be verified'

  3. 'tenderers must be in a position of equality both when they formulate their tenders and when those tenderers are being assessed by the contracting authority'

  4. 'tenderers must be placed on an equal footing throughout the procedure'

These principles are enshrined in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, which implement Directive 2014/24/EU in England, Wales and Northern Ireland. For background reading and further information on the relevant financial thresholds for the