ARTICLE · 08 SEPTEMBER 2020

Public Procurement Update: A Wave Of New Procurement Challenges From COVID-19?

Clyde & Co

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The COVID-19 pandemic has led to unprecedented state intervention in the global economy.

United KingdomGovernment, Public Sector

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The COVID-19 pandemic has led to unprecedented state intervention in the global economy. One way that Governments have attempted to support business is by encouraging public sector buyers to take full advantage of the flexibilities in the public procurement regime.

In the United Kingdom, the Government has issued a range of Procurement Policy Notes (PPNs) to contracting authorities to help them to support their supply chains during the pandemic. The European Commission has also provided guidance to all member states on the flexibilities that can be used. The guidance affect public bodies and their suppliers on both new and operational projects.

We are starting to see procurement challenges being brought in the market where there are concerns that the guidance may have been misinterpreted, or relied upon incorrectly. The guidance does not change the law; and public bodies and suppliers alike should be alive to the risk of procurement challenge (whether under

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