European law requires ‘contracting authorities’ such as local authorities, the Highways Agency, the Department for Transport and similar organisations to procure works, goods or services in a prescribed manner. The aim of this approach is to eliminate barriers to trade and, thus, allow those who provide goods or services in European member states to compete for contracts on an equitable basis. This chapter considers the contents of the relevant regulations, the circumstances in which they apply, their application and remedies for a failure to apply them adequately or correctly.

CONTENTS

  1. Introduction 25

  2. Background and legal framework 25

  3. When do the regulations apply? 25

  4. What must be done to comply with the rules: the procurement process 27

  5. What are the consequences of a failure to comply with the procurement rules? 34

  6. References 35

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