Initial comments on the UK's Procurement Bill: A lukewarm assessment

Having read the Procurement Bill, its Impact Assessment and the Explanatory Notes, I have some initial comments, which I have tried to articulate in a working paper.

In the paper I offer some initial comments on the Bill and related documents, including: (i) the economic justification in its impact assessment; (ii) some general comments on legislative technique and the quality of the Bill and its Explanatory Notes; (iii) some observations on what may have not been carried over from the Transforming Public Procurement consultation and government response; (iv) a mapping of important aspects of procurement regulation that the Bill does not cover and will thus have to wait for secondary legislation and/or guidance; (v) some general considerations on the unclear impact of different wording for ‘terms of art’, including their interpretation; and (vi) fifty selected issues I have spotted in my first reading of the Bill. I close with some considerations on the difficulty of ensuring a sufficient fix along the legislative process.

In case of interest, the paper can be dowloaded here: https://ssrn.com/abstract=4114141.

More than ever, this is work in progress and I would be grateful for any feedback or discussion: a.sanchez-graells@bristol.ac.uk.