The following Public Law guidance note provides comprehensive and up to date legal information covering:
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.
This Practice Note provides guidance on the drafting of specifications for use in public procurement procedures and in particular procedures for the award of higher value (and complex) contracts subject to the EU public procurement rules.
Directive 2014/24/EU, Public Contracts Directive are transposed in the UK (other than for Scottish devolved functions) by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and, alongside good practice guidance on specification writing, this note makes reference to legal obligations set out in the PCR 2015.
It should be read in conjunction with the checklist: How to draft technical specifications.
The purpose of the specification is to define the contracting authority’s requirement—the needs that the authority aims to satisfy through the contract (in EU terms ‘the subject matter’ of the contract).
The specification should provide bidders with a clearly-stated, full and accurate description of the requirement so that they can price it. Where
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