Jurisdiction(s):
United Kingdom

UK public procurement after Brexit: WTO GPA accession, scope and principles; contrasts with EU regime; continuity under PCR 2015; Green Paper reforms and implications for contracting authorities and suppliers

Published on: 22 December 2020

Published by a LexisNexis Public Law expert

Legal News

Article summary

What is the WTO government procurement agreement (GPA)?

The WTO GPA is a voluntary, plurilateral pact that obliges its parties to grant one another access to their respective government contracting and public purchasing markets on a reciprocal basis. Through its EU membership, the UK participated in the WTO GPA; the EU constitutes one of the 20 current participants. The UK has now sought independent accession to the GPA in its own right, and a further 22 jurisdictions hold observer status. Signatories are not free to design procurement systems without constraint; foundational principles are embedded within the Agreement and, indeed, many of these shaped the drafting of the current EU procurement rules.

What are the key features of the regime?

As noted, the GPA is more than a minimal framework. It comprises the Agreement’s main body together with members’ coverage schedules. While the Agreement articulates core commitments to openness, fairness and transparency, obligations apply only to the extent defined in each party’s coverage schedule for each member country. It requires, amongst other things:

Article IV—non-discrimination. A ‘no less favourable treatment’ obligation towards non-domestic suppliers

These obligations apply solely as specified in each party’s coverage schedules for the relevant member concerned only...

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