Legal Awareness Public Procurement in the Snake Pit

People you need to worry about • • • Bidders The EU Commission The UK Judiciary The European Court of Justice Lawyers

Why you need to worry • The Treaty on the Functioning of the European Union • The Public Contracts Regulations 2006 • The Defence and Security Public Contracts Regulations 2011 and the EU Commission’s Interpretative Communication on Defence Procurement • The Remedies Directive

The Treaty • Competition • Transparency • Non-discrimination

The Public Contracts Regulations 2006 • Procurement Procedures – Open/Restricted/Competitive Dialogue/Negotiated • Exemptions – single source, secrecy, Article 346, Regulation 14 • Evaluation – Newham/Henry Bros. /Mc. Laughlin/COEIAs • Commission’s Review of the PCR’s 2006

Defence and Security Procurement Directive/Regulations • The Commission’s Interpretative Communication • Article 346 • Security of Supply as a selection/award criteria • Security of Information as a selection/award criteria • No secrecy/security exemption

The Remedies Directive • Now encapsulated in the PCRs and in the DSPCRs • Voluntary Transparency Notices • Automatic injunction • Ineffectiveness • Damages • Civil Penalty • Misfeasance in Public Office