Procurement and Tendering in the UK and Scotland is governed by EU Directives. These are transposed in to state law. Judgements from the European Court of Justice and UK courts also impact upon how the processes must be managed in order to remain compliant. Key Regulations can be downloaded from this section.
This indicates that any form of discussion by providers with potential competitors prior to, or during a tender process is a concerted practice and therefore illegal under EU and UK competition law. Discussions of this kind are known as "concerted practices"
The VEAT procedure is not widely used by public purchasers. This is surprising as it is a process which prevents legal challenges after the 10 day [in some circumstances 15 days] standstill period.
The tendering process for some services contracts are not required to comply with all of the Public Contracts Regulations.
Why is this?
Which services are affected?
What are Part B services?
What about Part B services and advertising?