Guidance on EU procurement law 'minefield' published

18 July 2013

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19 July 2013 | Adam Leach

The British Property Federation (BPF), Local Government Association and Local Partnerships ”Ž have developed new guidance to help contracting bodies and property developers navigate EU procurement.

The one-page decision tree, which was developed with the help of developers, procurement lawyers and local authorities, goes through a series of questions, such as does the developer own any of the land forming part of the development, and ends up advising whether the procurement must go through the OJEU process. Around the decision tree, aspects such as Non-OJEU Competitions and economic benefits are explained.

Liz Peace, chief executive of the BPF, said: “Too many development deals are being held up by the confusion surrounding EU public procurement rules. This guidance offers practical step-by-step advice to both property developers and local authorities alike and cuts through the legalese and confusion that currently surrounds the EU public procurement regime.”

Fiona Beattie, associate at law firm SJ Berwin, said: “The public procurement rules are seen by many as a real hurdle in getting developments underway. By focusing on common industry structures, this new guide identifies key factors which influence whether an OJEU tender process is required.”

“What the UK market needs now is more schemes coming to fruition and fewer exploding bombs in the form of European court cases,” added Janet Lewis, senior associate at Nabarro.

Under EU procurement rules, public construction projects at or above a value £4.3 million must be conducted through the OJEU process.

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