ABSTRACT

Predicting the shape of procurement law during the Transition Period is a relatively straightforward exercise; Title VIII of the European Commission Draft Withdrawal Agreement (“DWA”) contains rules determining how to identify contracts which will continue to be subject to the EU procurement regime after the expiry of the Transition Period. Admittedly, not all of the procurement issues which are likely to arise are addressed, for example, there are no explicit provisions in relation to the modification of contracts, however it provides an overall structure for procurement law which appears largely coherent.