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ARTICLE · 24 AUGUST 2016

Non-EU Bids On EU Public Contracts

Morrison Foerster
Morrison Foerster
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Morrison Foerster

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The market for procurement by public bodies in the EU is significant.

European UnionGovernment, Public Sector
Alistair Maughan
Alistair Maughan
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The European Union's rules on government procurement have traditionally been admirably open and non-discriminatory, free from the "buy local" preferences found elsewhere in the world.

That could change in view of a draft regulation issued by the European Commission which will allow the EU to impose price preferences against certain bids comprising a significant element of non-EU goods and services where such bids emanate from a country that the EU determines does not apply reciprocity in terms of procurement transparency and openness. Despite denials that this is protectionist in nature, the draft regulation will provide a mechanism to allow EU public bodies to discriminate against some foreign bids in some circumstances.

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