Posted by Similar to Reg.89, Reg.90 the Public contracts regulations 2015 (PCR2015) creates a obligation to owe the business operators from certain other (non -EEA) countries in which the contracting authorities must comply with the provisions of part 2 PCR2015; and every enforceable EU.
Under Reg.90 (1) PCR2015, this task is also due to a business operator of a GPA state, but only if the GPA applies to the affected procurement. and to a business operator who does not come from an EEA state or a GPA state, but only if a relevant bilateral agreement applies. This indicates the duty of equal treatment and non-discrimination that can create the GPA and bilateral international trade agreements.
For the purposes of the duties that business operators have owed from the GPA state (ie Each country as an EEA state that is a signatories of the GPA at the relevant time), the GPA applies to procurement if the procurement for a contract of a description can be assigned. And at the relevant time, a GPA state of the EU agreed that the GPA applies to a contract for this description, and the business operator comes from this GPA state [Reg.90 (2)]. This would have simple and more direct by reference.
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A relevant bilateral agreement applies to the purposes of the obligations that are due to the business operators of the third country if there is an international agreement as the GPA to which the EU is bound; And in accordance with this agreement, the business operator is not favorable in relation to the procurement in question as those that are assigned to the framework in terms of affairs that fall within the scope of the framework in relation to matters that fall within the framework.89 PCR2015 [Reg.90 (3)].
From my opinion.90 (3) PCR2015 could have been expanded to bilateral agreements that the United Kingdom can bind without binding the EU (either in the future, which is at least theoretically possible, depending on how the EU is under discussion in the future See Y Devuyst European Union Trade Policy According to the Lisbon Treaty: The Community method at work in N Witzleb, a Martinez Arranz P Winand (ed.))), The European Union and global commitment: institutions, guidelines and challenges (Cheltenham, Edward Elgar, 2015) 138-158].
Generally, the normative question of whether all candidates and providers receive the same protection of nationality remains open and it is a complex topic in trade regulation. At the EU level of the European Commission’s proposal to limit access to procurement. (2012) 11 Global trade warning 89-97].
In my opinion, in my opinion Universal- The protection of bidders could stimulate participation by business operators from jurisdiction without strong (legal) trade connections to the UK and the EU. In general, it is difficult to understand why the contractual authorities can really identify the legitimate expectations of business operators in a public offer that could strengthen the competition in a public offer and the incumbent could challenge the public sector. However, this is clearly a normative point and, as mentioned in terms of reg.89 PCR2015 it is clearly not the British tradition to give extensive rights of claims against the public sector. Therefore, the scope of protection developed in Reg was recorded.90 PCR2105 must be interpreted strictly
