Best value in public procurement
Produced in partnership with Hardwicke
Best value in public procurement

The following Construction practice note Produced in partnership with Hardwicke provides comprehensive and up to date legal information covering:

  • Best value in public procurement
  • CCTs and Best Value
  • Best Value authorities
  • The Best Value duty
  • Measures to ensure compliance with the Best Value duty
  • The Public Services (Social Value) Act 2012
  • Practical issues in ensuring Best Value
  • Contracting out
  • Targets
  • Contract length
  • More...

Value is a key concern in the case of public procurement, as it is ultimately the taxpayer who funds public services. The law therefore places certain duties on public bodies who contract out services, in order that they find the best value. The duties considered in this Practice Note are additional to those that are imposed by virtue of the Public Contracts Regulations 2015, SI 2015/102 (for more on which, see subtopic: Procurement procedure).

CCTs and Best Value

The forerunner to the current Best Value regime was known as Compulsory Competitive Tendering (CCT), contained in the Local Government, Planning and Land Act 1980. CCT allowed authorities to provide services in-house only where they would win a competition with the private sector. The rules were enforced by the Secretary of State who had the power to order a re-tendering.

The Local Government Act 1999 (LGA 1999) introduced the ‘Best Value’ concept, which came into force on 1 April 2000. The relevant part of LGA 1999 is Part I (which it is useful to read in full). Part I of the LGA 1999 introduced:

  1. Best Value authorities

  2. the Best Value duty

  3. measures to ensure compliance with the Best Value duty

Best Value authorities

LGA 1999 created a list of authorities who are bound to follow the Best Value duty. These are listed in LGA 1999, s 1 and include English:

  1. local

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