Chinese goods: public procurement supplier rights
Buying Chinese goods does not, by itself, remove a UK bidder's supplier status. A Chinese factory bidding directly needs a separate status and treaty-coverage check. Buying through a UK reseller also calls for a subcontracting review. Cambridge China Bridge can help map the proposed sourcing arrangement.
Identify the bidder before comparing sourcing routes
For procurement under the Procurement Act, UK supplier status depends on establishment, control or main funding from the UK, a British Overseas Territory or a Crown Dependency, and on not being a treaty state supplier. Chinese manufacture alone does not decide that status.
Write down who submits the tender, who signs the public contract and who manufactures the goods. Compare direct factory purchasing with a reseller using our sourcing routes guide. For an intermediary, establish whether it acts as agent or seller.
Check treaty coverage for this procurement
Treaty state suppliers have protection against discrimination and the same access to remedies as UK suppliers for procurements covered by the relevant agreement. Coverage depends on the contracting authority, the goods, services or works and the provisions concerned. Status can differ between procurements.
If an overseas factory will bid directly, ask it to identify the agreement and explain the coverage it relies on. Send the authority the bidder's legal identity and proposed supply arrangement. Do not treat an overseas address, a UK sales contact or a general trade relationship as a completed coverage check.
Other overseas bidders are not automatically barred
Cabinet Office guidance favours accepting UK and overseas tenders, subject to exclusion provisions. It also permits authorities to decline award to non-treaty state suppliers or exclude them from a competitive flexible procedure. Participation is therefore different from protected supplier status.
Ask the authority to clarify its intended treatment before committing to samples or production. A supplier that is neither a UK nor treaty state supplier cannot bring civil proceedings against the authority under the Act, but can complain to the authority or the Procurement Review Unit.
A UK reseller does not settle subcontracting questions
Authorities can exclude bidders from a competitive flexible procedure, or decline award, where they intend to subcontract contract performance to a supplier that is neither a UK nor treaty state supplier. Check this separately from the bidder's own status.
Show the authority what the factory will actually do: manufacture stock, make bespoke goods, install equipment or provide continuing support. Ask how it treats that arrangement rather than assuming every factory purchase is subcontracted performance. Our Chinese subcontractor exclusion guide covers the separate exclusion checks.
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Prepare a sourcing note before choosing the route
Prepare a short note naming the bidder, reseller or agent, factory and proposed subcontractors. Describe each role, the manufacturing location and the evidence behind any claimed treaty coverage. Send focused clarification questions through the tender's stated channel and retain the replies.
Keep supplier-rights questions separate from product suitability and delivery evidence. Use our public tender conditions guide for that next step. Cambridge China Bridge's own staff in China can help establish factory identity and describe the sourcing chain; ask the authority to resolve the procurement treatment.
Frequently asked questions
Can a UK company tender with Chinese-made goods?
Chinese manufacture alone does not remove UK supplier status. Check the bidder's status, the tender requirements and any subcontracted performance before committing.
Does a Chinese factory have the same tender rights?
Do not assume so. Check whether it qualifies as a UK or treaty state supplier for that procurement. Treaty protection depends on the relevant agreement's coverage.
Does buying through a UK reseller solve the issue?
It helps identify the contracting supplier, but subcontracted performance needs a separate review. Give the authority the actual supply-chain roles and ask for clarification.
Can an overseas bidder without treaty status complain?
If it is neither a UK nor treaty state supplier, it cannot bring civil proceedings against the authority under the Act. It can complain to the authority or the Procurement Review Unit.