The Government finally accepted that the European Commission is correct in its view that registered social landlords (RSLs) are governed by public law for the purposes of EC procurement law. RSLs must, therefore, comply with the requirements of the EC Public Procurement Directives where these apply.
For contracts over set threshold values - which vary depending on what is being purchased - the Directives require that opportunities are advertised in the Official Journal of the European Union (OJEU). They also require that contracts are awarded in accordance with certain standard procedural rules, e.g., setting the basis on which bids may be assessed.
Public bodies are also bound by Treaty principles, which prohibit discrimination between suppliers, contractors, or service providers and require open and transparent procurement procedures.
The authorities regulating RSLs are:
Each has guidance prepared for RSLs on the application of the public procurement Directives, which needs careful scrutiny, as the rules are both complex and comprehensive.