[British] Procurement Reform as Utopia?

The Impact of Brexit on Business in European Public Sector Markets; the Future Shape of Procurement Law in Britain and Beyond

Dr Albert Sanchez-GraellsSenior Lecturer in Law & Member of the European Commission Stakeholder Expert Group (2015/18)KCL CEL, London, 29 November 2016

29 November 2016

1Future Shape of Procurement Law in Britain & Beyond

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Focus of my Remarks• [British] procurement reform as utopia?

• What can be lost in a ‘Very British Model’?• What is likely to happen w PCR2015 post-Brexit?• What coordination can we expect / should exist

between UK (Eng) & EU law post-Brexit?• In the longer run, how can / should public

procurement law be reformed?

Future Shape of Procurement Law in Britain & Beyond

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What can be lost in a ‘Very British Model’?*• Incentives for cross-border tendering (ie impact

on import / export and change of value chains)• Reduced scope for cross-border collaboration,

which is an emerging trend (w EU & beyond)• Difficulties in the negotiation of international

agreements (GPA) and in securing international funding for (large infrastructure) projects

* Borrowed from Sarah Hannaford QC

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What is likely to happen with the Public Contracts Regulations 2015 post-Brexit?• Who knows – really • Short of repeal, immediate significant change is

unlikely & substitution not on top of priorities• PCR2015 likely to remain in books after Brexit

• Maybe w exclusion of remedies (as per Arrowsmith)• Maybe w minor reform to deactivate some

restrictions (‘Swiss cheese’ regulatory reform)Future Shape of Procurement Law in Britain & Beyond

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What coordination can we expect / should exist between UK (Eng) & EU law post-Brexit?• Formally, highly dependent on model of Brexit• Substantively, more dependent on structure of

enforcement (ie ‘no remedies, no coordination’)• Ideally, substantive coordination should remain a

feature of the future system


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In the longer run, how can / should public procurement law be reformed?• To address common criticisms / constraints• Potential of 2014 EU rules is unexploited & not

many aspects require (major) regulatory reform• Need to invest heavily on

• eProcurement• Upgrading public sector skillset• Effective public enforcement


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Further reading


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Thank you for your attention

Be in [email protected] @asanchezgraells


29 November 2016

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