The estimated value of contracts advertised by Governments and other public bodies across the EU is said to be over 420 billion euro. In other words, it is big business. Most EU public contract awards are regulated under EU law. This means that public bodies in all EU Member States have an obligation to advertise contracts above certain value thresholds and give suppliers from across the EU a fair opportunity to win these.
EU public procurement law seeks to ensure the effective protection of suppliers’ rights. This includes the possibility of complaining to the European Commission and the possibility for national courts to set aside contracts that have been awarded illegally in certain circumstances.
In February 2015 a new set of public procurement regulations were introduced in the UK, many of these regulations are beneficial to suppliers seeking public contract opportunities. The new rules, purpose to modernise and simplify EU procurement legislation.
New legislation aims to:
- Provide greater flexibility
- Make it easier for public bodies to carry out negotiations with bidders before determining a contract award.
- Facilitate and promote the procurement of innovative solutions
- Clarify types of contractual changes that would be acceptable after the conclusion of a contract, without the need for carrying out a new procurement procedure.
- Provide public purchasers with additional obligations that aim to increase transparency and allow, in the event of a dispute, verification of the extent to which the procurer has complied with its obligations of equal treatment.
- Provide bidders with information about the conduct and progress of negotiations in ongoing procurement procedures
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