RESTRICTED  
  
GPA/ACC/GBR/25  
 
30 April 2020  
(20-3366) Page: 1/2 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE UNI TED KINGDOM TO THE A GREEMENT ON GOVERNME NT 
PROCUREMENT IN ITS O WN RIGHT  
COMMUNICATION FROM T HE UNITED KINGDOM  
The following document, dated 2 9 April 2020, is being circulated at the request of the Delegation of 
the United Kingdom.  
 
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REPLIES FROM THE UNI TED KINGDOM TO THE Q UESTIONS FROM THE UN ITED STATES 
(GPA/ACC/GBR/24) ON THE UNITED KINGDOM 'S UPDATED REPLIES  TO THE  
CHECKLIST  OF ISSUES FOR PROVISION OF INF ORMATION RELATING 
TO ACCESSION  TO THE REVISED AGREEMENT ON  GOVERNMENT  
PROCUREMENT  (GPA/ACC/GBR/2/REV.1 ) 
 
1.  In its response to 2.3 and 2.5, the U nited Kingdom  differentiates between types of 
central government entities that are not "central government contracting authorities "; 
but are still "contracting authorities ". For example, this includes most non -departmental 
public bodies as these bodies are not part of the Crown due to their arms -length 
relationship with government. The U nited Kingdom  notes some limited differences apply 
between the two as outlined in under 2.5 (numbers 1 -3). Could the U nited Kingdom  please 
clarify how the arms -length definition is determined? There appears to be a legal 
difference the U nited Kingdom  makes bet ween entities that are arms -length from 
the Crown.  
"Arm's -Length body " is a generic term used to describe a range of public sector bodies, which are 
subject to varying degrees of ministerial control. The main examples are: non -ministerial 
departments; exec utive agencies; and non -departmental public bodies (NDPBs). This classification 
is not absolute and is not set out in law. The nature of these bodies is fully described in our response 
to question 2.1. Some of these bodies are part of the Crown and others are not. Ministerial 
departments, non -ministerial departments and executive agencies are part of the Crown, whereas 
non-departmental public bodies are not generally part of the Crown.  
There is a distinction in the United Kingdom's  domestic law between, on the one hand, "central 
government authorities " (i.e. all bodies which are part of the Crown and some others listed in 
Schedule 1 of the Public Contracts Regulations 2015) and, on the other hand, "sub-central 
contracting authorities " (i.e. all other contrac ting authorities which are not "central government 
authorities "). The limited different rules listed at numbers 1 -3 of our response to question 2.5 apply 
to "sub-central contracting authorities " as defined in domestic law.  
2.  In its response to 6.2, the U nited Kingdom  notes that at the end of the transition 
period, the U nited Kingdom  will require publication of notices on the U nited Kingdom's  
Find a Tender Service.  Can the U nited Kingdom  confirm that like the E uropean Union, the 
Find a Tender System will indicate for each procurement notice whether it is a 
GPA-covered procurement ? 
Yes. Regulation 48 of the Public Contracts Regulations 2015 (and equivalent Scottish Regulations) 
provides that notices must contain the information set out in section I of part B of Annex V to GPA/ACC/GBR/25  
 
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  the Public Contracts Directive (2014/24/EU) including the requirement for indication whether the 
contract is covered by the GPA. This requirement will be retained in the United Kingdom 's law 
following the end of the transition period.  
3.  We un derstand that under the E uropean Union system decisions regarding competitive 
forces are made by the European Commission. We understand that the U nited Kingdom  
has been considering its approach to the mechanism for determining whether entities are 
exposed to competitive forces once the U nited Kingdom  leaves the E uropean Union. Can 
the United Kingdom provide an update on how it will determine whether GPA covered 
entities are "exposed to competitive forces " once it leaves the E uropean Union? 
At the end of the  transition period the mechanism in Regulation 35 of the Utilities Contracts 
Regulations 2016 (and equivalent Scottish Regulations) for seeking a decision from the EU 
Commission regarding competitive forces will be revoked and is not being replaced with an  
alternative mechanism.  
Exposure to competitive forces would be determined for the purpose of the GPA, where appropriate 
circumstances occurred, by looking at how the market operates in particular utility sectors. The 
relevant criteria to be considered are whether access to the m arket is free because there is actual 
competition and because there are no legal barriers to market entry.  
 
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