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UK v US Procurement


Procurement processes in the USA and the UK share some similarities, but there are also key differences due to variations in legal frameworks, regulations, and cultural practices. It’s important to note that specific details can change over time, and you should always refer to the latest guidelines and regulations in each country. Here are some general differences between procurement in the USA and the UK:

  1. Legal and Regulatory Framework:
    • USA: In the United States, procurement is subject to federal, state, and local laws. Federal procurement is largely governed by the Federal Acquisition Regulation (FAR), which provides guidelines for government contracts.
    • UK: Procurement in the UK is influenced by European Union regulations (although the UK left the EU, some regulations may still be applicable) and national legislation. The UK government has its own set of procurement rules, which may vary across devolved administrations.
  2. Centralization vs. Decentralization:
    • USA: Government procurement is decentralized, with various agencies and departments having their own procurement processes. The federal government, states, and local entities may have different rules and procedures.
    • UK: The UK government has taken steps to centralize procurement through initiatives like the Crown Commercial Service (CCS), aiming to achieve economies of scale and streamline processes.
  3. Tendering Procedures:
    • USA: Competitive bidding is a common practice, and there are various types of procurement methods, including Request for Proposals (RFPs), Request for Quotations (RFQs), and Invitation for Bids (IFBs).
    • UK: The UK typically follows EU procurement directives (although this may have changed post-Brexit), and competitive tendering is a standard practice. Procedures include Open, Restricted, and Competitive Dialogue, among others.
  4. Thresholds and Regulations:
    • USA: Different regulations may apply based on the type and value of the procurement. Thresholds triggering specific requirements can vary between federal, state, and local levels.
    • UK: Similar to the USA, different regulations apply based on the value of the procurement. EU directives (or their UK equivalents) set thresholds for when specific procurement procedures must be followed.
  5. Social and Environmental Considerations:
    • USA: While there is growing interest in sustainability and social responsibility, the incorporation of such considerations into procurement decisions can vary between entities.
    • UK: Public procurement in the UK places a significant emphasis on social value, sustainability, and environmental considerations. There are specific policies and guidelines to promote responsible procurement practices.

It’s crucial to stay informed about the latest developments and changes in procurement regulations in both the USA and the UK, as these may evolve over time. Additionally, variations may exist within different states or regions in both countries.

Note the UK is no longer a member of the European Union and new procurement law will be applied. The procurement Act and secondary legislation will govern UK procurement

A Free Trade Agreement (FTA) is a pact between two or more countries to establish a framework for reducing or eliminating barriers to the international exchange of goods and services. The primary goal of such agreements is to promote economic integration by facilitating smoother trade between participating countries. FTAs typically address various aspects of trade, including tariffs, quotas, intellectual property rights, investment rules, and other regulatory measures.

For the United States, participating in FTAs can have several implications:

  1. Market Access: FTAs often involve the reduction or elimination of tariffs and other trade barriers, providing U.S. businesses with improved access to foreign markets. This can lead to increased export opportunities for American goods and services.
  2. Economic Growth: By fostering increased trade and investment, FTAs can contribute to economic growth. Access to a broader consumer base can stimulate production and create new opportunities for businesses.
  3. Competitiveness: FTAs can enhance the competitiveness of U.S. industries by reducing costs associated with exporting and importing goods. This can make American products more attractive in global markets.
  4. Job Creation: As exports increase due to improved market access, there is potential for job creation in industries that experience growth. However, the impact on employment can vary across sectors.
  5. Global Supply Chains: FTAs can encourage the development of global supply chains by facilitating the movement of goods and services across borders. This can enhance efficiency and reduce costs for companies engaged in international trade.
  6. Investment Flows: FTAs often include provisions related to investment protection and dispute resolution, providing a more secure environment for U.S. businesses to invest in partner countries and vice versa.
  7. Diplomatic Relations: FTAs can also serve diplomatic purposes by fostering stronger economic and political ties between participating countries. They can contribute to a more collaborative international environment.

What about the use of a Free Trade Agreement?

It’s worth noting that opinions on FTAs can vary, and debates often arise over their potential impact on specific industries, jobs, and the overall economy. Critics may argue that certain sectors or workers could be negatively affected, while proponents emphasize the broader economic benefits and strategic advantages of such agreements. The impact of FTAs on the U.S. depends on the specific terms and conditions of each agreement and how effectively they are implemented and enforced.

If there is no trade agreement we revert to the WTO

If no trade agreement exists between the UK and another country, trade with that country takes place under World Trade Organization (WTO) rules.