ABSTRACT

Public procurement under European Union (EU) law is primarily regulated by a set of Directives EU Member States is required to implement in their domestic legislation. The EU procurement regime seeks to contribute towards the creation of the common market, eliminating any barriers in the movement of goods and the provision of services across the Union. Economic operators may also lodge complaints alleging infringements of EU public procurement rules before the European Commission. Of course, application of the EU public procurement rules in, and vis-a-vis, the UK will depend on the outcome of the Brexit negotiations. By way of example, architects may be liable for indemnification where the contracting authority is compelled to pay damages for infringements of the rules. The Public Sector Directive generally applies whenever a contracting authority seeks offers in relation to a proposed public supply, works, and/or services contract.