Contracting for Services-a Double Jeopardy? An Analysis of Contract Compliance in the Context of European and UK Social and Public Procurement Policy

Abstract

This article discusses the scope for implementing a contract compliance policy in the UK as part of the new Best Value regime for local authority contracting. The article examines the interrelationship between compulsory competitive tendering policy in the UK and EU social and public procurement policies, drawing upon secondary research and case-law on the social and employment effects of contracting-out. The article identifies the problem of a ‘double jeopardy’ for local authorities adopting contract compliance policies: even if national procurement policies are adapted to accommodate these policies, any attempt to impose contract compliance through large service contracts will be contrary to EU law under the services directive.