Legal News

Public procurement and the transparency principles

Published on: 17 March 2017

Table of contents

  • Original news
  • What is the policy background to this guidance?
  • What are the objectives and key requirements? Who do they apply to?
  • How do the transparency requirements work in practice? Are there practical limits that can be applied?
  • What does proactive release of information mean in practice? What issues may arise eg around defining information in and out of scope?
  • What can contracting authorities do to balance compliance while protecting commercial confidentiality?
  • Where do the transparency principles fit in the context of broader public sector duties eg freedom of information, open data principles?
  • What are the key takeaways for public sector lawyers? Are there any best practice tips?
  • What are the implications of failure to adhere to this guidance? Are there any grey areas for practitioners to watch out for?

Article summary

Public Law analysis: Felicity Burling, associate and Anthony Woolich, partner at Holman Fenwick Willan LLP, examine in detail the updated transparency principles concerning disclosure of information in relation to public procurement, and assess the practical implications of these requirements and the key takeaways for lawyers.

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