By Joanna Frost
1st Mar 2021
The UK previously participated in the Government Procurement Agreement (GPA) through its membership of the EU. This PPN makes contracting authorities aware of the requirements of the Government Procurement Agreement (GPA) but also reaffirms that these represent a continuation of current practices. The UK’s public procurement regulations (PCR 2015) comply with the GPA and the GPA remains implemented into domestic procurement law. Therefore, contracting authorities will comply with GPA requirements by fully complying with domestic procurement law.
The UK-EU Trade and Co-operation Agreement (TCA) aims to protect UK owned businesses based in the EU from the risk of discrimination in EU public procurements due to their UK ownership and vice-versa. The PPN highlights that you will be compliant with the TCA if you follow the rules in PCR 2015. The TCA also provides assurance that if a supplier submits a tender with an abnormally low price, the contracting authority may ask the supplier if the price takes into account subsidies (i.e. what would have been “state aid”).