조달법
공공계약, 2023년 조달법, 구제수단 및 유틸리티 조달.
소개
Procurement law governs the process by which public bodies purchase goods, services, and works. The Procurement Act 2023 (replacing the Public Contracts Regulations 2015) is the new principal statute, establishing a unified procurement regime for England, Wales, and Northern Ireland. It requires competitive, transparent, and non-discriminatory procurement processes above specified thresholds. Aggrieved suppliers can challenge procurement decisions through the courts.
핵심 원칙
Covered Procurement — The Act applies to contracts above specified thresholds awarded by contracting authorities (central government, local authorities, NHS, utilities).
Key Principles — Procurement must be carried out in accordance with the objectives of delivering value for money, maximising public benefit, and treating suppliers the same unless a difference is justified.
Competitive Tendering — Contracting authorities must use competitive procedures (open, competitive flexible, etc.) unless a direct award justification applies.
Transparency — Contract notices, award decisions, and contract details must be published on the central digital platform.
Standstill Period — Before entering into a contract, the contracting authority must observe a standstill period, allowing unsuccessful suppliers to challenge the decision.
Remedies — Suppliers can seek court orders including interim measures, set-aside of contract award decisions, and damages.
핵심 법령
Procurement Act 2023
주요 판례
Brent LBC v Risk Management Partners
[2011] UKSC 7
일반적인 시나리오
Supplier believes tender was unfairly evaluated
The supplier should request a debrief and review the evaluation report. If there are grounds for challenge, they can issue proceedings during the standstill period to seek an interim order preventing the contract being entered into, and ultimately seek damages or set-aside of the decision.