Advertise your development projects or risk losing some of your grant funding

The framework for public procurement is currently set out in the Public Contracts Regulations 2006 and contracts that are above the current financial thresholds of the regulations must be advertised in the Official Journal of the European Union. Contracts that are below the financial threshold are not covered by the full regulations.

However, where a contract is likely to attract cross-border interest, the contract is subject to the principals of equal treatment and non-discrimination on the grounds of nationality and transparency. Unless there is an exemption, this will also mean the contract is required to be advertised and tendered fairly.

In Mansfield District Council v Secretary of State for Communities and Local Government [2014] EWHC 2167, Mansfield District Council received grant money from the European Regional Development Fund (ERDF) for two development projects relating to town-centre improvements. The value of the contracts totalled £900,000 and was therefore well below the threshold of the regulations…

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