Overview
This PPN applies to all contracting authorities which come within the scope of the public procurement regulations, including central government departments, executive agencies, non-departmental public bodies, the wider public sector, local authority and NHS bodies, and utilities (collectively referred to as ‘contracting authorities’).
This PPN sets out the ongoing requirements for contracting authorities as a consequence of the UK’s membership of the World Trade Organisation (WTO) Agreement on Government Procurement (GPA) and the UK-EU Trade and Cooperation Agreement (TCA) following the UK’s exit from the EU.
It provides guidance on how contracting authorities and suppliers should comply with the new legal framework and the changes to UK procurement regulations. It also clarifies the scope and coverage of the WTO GPA and the UK-EU TCA, as well as the exceptions and flexibilities available under both agreements.
Objective at this commercial stage
Suppliers from EU and GPA member states are entitled to non-discrimination and equal treatment with UK suppliers in respect of above-threshold procurement opportunities undertaken by certain types of authorities for certain types of contracts.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that when awarding contracts above thresholds, domestic and GPA suppliers are treated equally, and are not discriminated against
- ensure that EU-owned suppliers based in the UK are treated no less favourably than UK-owned suppliers based in the UK
- ensure that the procurement requirements do not have the effect of directly or indirectly discriminating against EU and GPA suppliers, in breach of the GPA and UK-EU TCA.
Legal framework
The PPN should be read alongside the relevant parts of the legal framework, including but not limited to, the following provisions of the Public Contracts Regulations 2015 (which may be particularly relevant to the consideration of this PPN):
- Regulation 25A: Conditions relating to the GPA
- Regulation 25B: Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA
- Regulation 58: Selection criteria
- Regulation 67: Contract award criteria
- Regulation 89: Duty owed to economic operators from the UK and Gibraltar
- Regulation 90A: Duty owed to economic operators from GPA parties
- Regulation 90B: Duty owed to economic operators other than the GPA
- Schedule 1A: Parties to the GPA
- Schedule 4A: International Trade Agreements
Additional support and guidance
Make sure you:
- read the PPN and any supporting implementation guidance
- seek legal and commercial advice in the context of specific procurements
