Eligibility and selection in public procurement—selection criteria

Copyright © 2025 LexisNexis
Produced in partnership with Dr Sharon Fitzgerald of DLA Piper and Gavin Deeprose of DLA Piper
Practice notes
Sustainable Business Toolkit

Eligibility and selection in public procurement—selection criteria

Copyright © 2025 LexisNexis

Produced in partnership with Dr Sharon Fitzgerald of DLA Piper and Gavin Deeprose of DLA Piper

Practice notes
Sustainable Business Toolkit
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FORTHCOMING CHANGE: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) come into force. Procurements begun on or after that date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023.

PCR 2015 as assimilated law

PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018.

For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.

FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note (PPN) 015 replaces PPN 10/23 with updated guidance on how to consider suppliers' payment approaches when procuring major government contracts under PA 2023. From

Sharon Fitzgerald
Dr Sharon Fitzgerald

DLA Piper

Sharon is a partner within DLA Piper Scotland's Finance and Projects group who advises on major infrastructure projects, PFI/PPP projects and commercial contracts. Sharon has a particular specialism in transport projects. She also has extensive experience of various aspects of public procurement law (public contracts and utilities) and has advised a number of regulated bodies.
Sharon has a wide variety of construction experience, including drafting and negotiating consultants' appointments and warranties, standard sub-contract terms and conditions, and standard form and bespoke building contracts.
Sharon has advised in respect of a number of successfully closed projects such as:

  • The procurement of the Forth Replacement Crossing (acting for the Scottish Government)
  • The procurement of residual waste services for City of Glasgow Council (acting for the Council), and
  • The procurement of ferry services for the Northern Isles (acting for the successful bidder).
Legal 500 2011 comments that Sharon "offers first-class advice on procurement-related matters".

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Gavin Deeprose
Gavin Deeprose

DLA Piper

Gavin is a Senior Professional Support Lawyer in DLA Piper's Litigation & Regulatory Group. He provides technical support to legal professionals within the Group across a diverse range of subject areas including property, commercial and regulatory disputes. He monitors, updates and trains lawyers and clients on relevant legal and regulatory developments, creates and maintains litigation and other styles for use within the Group and produces articles and client bulletins for publication on the firm's website and newspapers, journals and online platforms. He also works on global projects to enhance the quality of client service.

Prior to becoming a professional support lawyer Gavin gained substantial experience as practitioner, working at two major Scottish firms. He is an experienced litigator specialising in commercial disputes, including property related claims, corporate debt recovery and repossessions, and insurance litigation, acting for many prominent companies and financial institutions.

Gavin is a member of the Association of Litigation PSLs. He has a keen interest in pro bono work and is the Pro Bono Co-ordinator for DLA Piper's Edinburgh office.

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Jurisdiction(s):
United Kingdom
Key definition:
Public procurement definition
What does Public procurement mean?

Public procurement contracts cover supplies, services and works purchased by the Member States, regional or local authorities and other public bodies. Contracts over a certain value are subject to EU rules and procedures. The over-arching principle of public procurement law is that procurement is opened up to wider competition and that tenderers from across Members States have an equal chance of securing contracts put out to tender by other Member States.

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