UK to accord non-discriminatory treatment to Indian firms in public procurement system under FTA

23 May 2025 Evaluate

The UK for the first time has agreed to accord non-discriminatory treatment to Indian companies in its public procurement system under the free trade agreement (FTA) between the two countries. On May 6, 2025, the two countries announced conclusion of negotiations for the FTA. It will be implemented next year. 

Under the UK’s Social Value law, the British government departments require public authorities to have regard to economic, social and environmental well-being in connection with public services contracts. According to the UK government, the trade pact will give UK businesses unique and unprecedented access to India’s public procurement market, comprising about 40,000 tenders with a value of at least 38 billion pounds a year.

On the other hand, India has agreed to allow British companies to participate in public procurements only in the non-sensitive sectors. The UK firms, however, will not be allowed to participate in procurements by state government entities and local bodies. UK-based suppliers would be allowed to bid for domestic tenders above the agreed thresholds (above Rs 200 crore) as deemed Class II local suppliers under public procurement. Carve out is also provided for India’s ‘Make in India policy’ as well as medium and small enterprises.

Earlier, India opened the government procurement segment in the comprehensive trade pact with the UAE. Under that pact, UAE firms are allowed to participate in procurement tenders worth over Rs 200 crore. In 2020, the government modified public procurement norms to give maximum preference to companies whose goods and services have 50 per cent or more local content to promote ‘Make in India’. The revised Public Procurement (Preference to Make in India), Order 2017, has introduced a concept of Class-I, II and non-local suppliers, based on which they will get preference in government purchases of goods and services.


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