- Examining the impact of Brexit on public procurement and public contracts
- What impact does Brexit have on the key EU derived domestic regulations implementing the public procurement rules in the UK?
- What is the key Brexit-related legislation impacting the procurement regime and what practical changes (if any) does it introduce? Is anything missing?
- What is the government plan for implementation of procurement legislation on e-signatures in light of Brexit?
- What are UK-wide common legislative frameworks and how do they relate to/impact UK public procurement law post-Brexit?
- If the deal is approved—what are the specific provisions for public procurement under the transitional arrangements in the Withdrawal Agreement?
- If the deal is approved—what does the implementation of the Withdrawal Agreement mean for the commencement above legislation?
- If no deal—no deal remains the legal default position, what are the key differences contracting authorities must be prepared for on exit day? Are there any grey areas?
- How will the UK’s accession to the World Trade Organization Government Procurement Agreement impact UK public procurement in practice?
- How will Brexit impact procurement disputes and the relevance of EU procurement case law in the UK?
- How does Brexit impact the drafting of public contracts? What guidance is available for contracting authorities drafting contracts for tender eg using the Model Services Contract as a guide?
- What can lawyers and contracting authorities do to prepare? Is Brexit delaying procurement planning and contract award decisions?
- What guidance is available from the UK government and the European Commission for contracting authorities preparing for Brexit?
Public Law analysis: The UK’s proposed withdrawal from the institutions of the EU has now been ‘flexibly’ delayed up until 31 October 2019. Talks continue between the UK government and other political parties to try to find a compromise on a withdrawal agreement and future UK-EU relations. David Hansom, partner at Clyde & Co, considers the impact of Brexit on public procurement and public contracts.
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