Transport project procurement—procurement law considerations
Produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP

The following Public Law practice note produced in partnership with Matthew Hanslip Ward of Dentons UKMEA LLP provides comprehensive and up to date legal information covering:

  • Transport project procurement—procurement law considerations
  • Brexit impact—public procurement
  • EU public procurement law
  • Public Contracts Regulations 2015
  • Utilities Contracts Regulations 2016
  • Concession Contracts Regulations 2016
  • Financial thresholds
  • Exclusions and exemptions
  • Concession contracts for the delivery of transport projects
  • Transport infrastructure which is not concessionary in nature
  • More...

Transport project procurement—procurement law considerations

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 public law?

The procurement of major transport projects will require the procuring authority to address a wide range of issues from the outset, including compliance with applicable procurement laws. This Practice Note highlights some key procurement considerations in transport projects.

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 public procurement law

An essential first step to ascertaining the correct approach to the procurement of transport infrastructure is to determine whether the EU public procurement rules will apply to the project, and, if they do, which set of rules applies.

The key EU procurement

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