March 28, 2014

Supplying Goods and Services to the Public Sector: The New EU Public Procurement Regime

Arnold & Porter Advisory

On 28 March 2014, the EU published a new package of legislation covering the rules of public procurement - which must be followed by all government purchasing entities when taking supplies or services from the private sector. The legislative package brings in wide-ranging reforms with the aim of modernising, simplifying and improving flexibility in the public procurement system. There are a number of changes, such as new procedures for awarding contracts, new safeguards for small and medium enterprises, and the reduction of paperwork. It will be important for any enterprise that contracts with government entities in any EU country to prepare for these changes.

The EU member states have until 17 April 2016 to transpose the new Directives into national legislation, but member states are at liberty to bring the changes in sooner and the United Kingdom, for its part, has made clear it intends to reap the benefits of the new rules as soon as possible. This advisory summarises the major changes to the new Directive relating to the supply of goods and services and discusses the issues that might arise under the new procurement regime.

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