Even where the EU-UK TCA guarantees do not apply, Irish and UK public authorities may choose to permit tenderers based in the other jurisdiction to participate. However, they are not obliged to do so. They will be treated in the same way as tenderers from other non-EU countries and will have limited protection. In some such cases, there are limits on the percentage of products that may come from outside the EU under the contract.
Where the guarantees do not apply, it will be necessary to consider the qualifications applicable to tenderers in the sector and for the contract concerned. They will usually be published in the tender documents. Where a business has an important contract, it would be desirable to pre-empt this question with the authority concerned, well before renewal of the contract concerned.
For more information read our full cross-border guide to public procurement which has more information for businesses trading between Ireland and Northern Ireland, FAQs and key takeaways.