ABSTRACT
Favouring national suppliers will be a contentious topic of debate if procurement law is reformed. EU procurement law currently prevents UK contracting authorities from favouring national suppliers. In cases where a contract being procured appears to have a particular bearing on UK identity, the tension between ‘Buy British’ sentiments and the non-discrimination principle in EU law is apparent. This tension is illustrated by the judgment in the case of Harmon 1 , which concerned an expensive fenestration contract for Portcullis House. More recently, the furore over the contract for British passports being awarded to a Franco-Dutch company 2 demonstrates that the opposition between ‘Buy British’ sentiments and EU non-discrimination principles remains relevant. If procurement law reform is to be the direction of travel, this concern is likely to be near the top of the reform agenda.
