Procurement correspondence—general principles
Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors

The following Local Government practice note produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors provides comprehensive and up to date legal information covering:

  • Procurement correspondence—general principles
  • Brexit impact—public procurement
  • Underlying procurement principles
  • Electronic communication and information exchange
  • Technical system requirements
  • Verbal communications
  • ‘Non-electronic’ submission
  • Availability of procurement documents
  • Confidentiality

Procurement correspondence—general principles

Brexit impact—public procurement

The changes to the Public Contracts Regulations 2015 (PCR 2015), arising as a result of Brexit, have been made by the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 and the Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021. Further, the ability to diverge from EU law, and governmental proposals for reform of the UK public procurement regime, indicate that considerable changes are expected in policy and legislation. This Practice Note contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for public law? and Q&A: What is the impact of the UK’s withdrawal from the EU on public procurement laws?

Underlying procurement principles

A contracting authority must observe the general principles of equal treatment, non-discrimination, transparency and proportionality in relation to all public procurement correspondence for contracts valued above the relevant tendering threshold in England and Wales. These principles are enshrined in PCR 2015, reg 18.

PCR 2015, reg 18 states that:

'Contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner.’

Under the European Union (Future Relationship) Act 2020 (EU(FR)A 2020), which implements the EU-UK Trade and Cooperation Agreement (TCA), these principles also apply to all procurements (of any value) of goods for supply into Northern Ireland.

For background reading and further

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