Considerations when authorities procure contracts that are not subject to the full procurement regime
Produced in partnership with Richard Auton of Walker Morris
Considerations when authorities procure contracts that are not subject to the full procurement regime

The following Local Government guidance note Produced in partnership with Richard Auton of Walker Morris provides comprehensive and up to date legal information covering:

  • Considerations when authorities procure contracts that are not subject to the full procurement regime
  • Brexit impact—public procurement
  • Application of the Public Contracts Regulations 2015
  • Light touch regime contracts
  • Below-threshold contracts
  • Below-threshold procurement procedures under the PCR 2015
  • Concession contracts

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Application of the Public Contracts Regulations 2015

Unless an exclusion applies, Part 2 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 applies in its entirety when a contracting authority (as defined in PCR 2015, reg 2) seeks offers for:

  1. a proposed public supply contract

  2. a proposed public works contract

  3. a proposed public services contract

  4. a proposed framework agreement or dynamic purchasing system, where the subject matter involves any of the above

where the estimated value of that contract or framework agreement (net of VAT) exceeds the relevant financial threshold in place at the time.

Only contracts that exceed the financial thresholds set by the EU are subject to the full regime under PCR 2015, Pt 2. The thresholds are revised by the EU periodically and sterling equivalent values are fixed for two-year periods. The EU financial thresholds are published online and the sterling thresholds are set out in the relevant Crown Commercial Service Procurement Policy Note. See Practice