Open procedure—PA 2023

Produced in partnership with Katherine Calder of DAC Beachcroft and Emily Tracey of DAC Beachcroft

Practice notes

Open procedure—PA 2023

Produced in partnership with Katherine Calder of DAC Beachcroft and Emily Tracey of DAC Beachcroft

Practice notes

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this 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—PA 2023.

This content relates to the Procurement Act 2023 regime

This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on procurement procedures used under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, see Practice Notes: Public procurement—open procedure, Public procurement—restricted procedure, Public procurement—competitive procedure with negotiation, Public procurement—competitive dialogue procedure and Public procurement—innovation partnership procedure.

Competitive tendering procedures

Before awarding a public contract, a contracting authority must carry out a competitive tendering procedure, unless exceptional circumstances

Katherine Calder

Partner, DAC Beachcroft

Katherine is a Partner at DAC Beachcroft and heads the firm's Public Procurement Law team and chairs its Infrastructure & Projects group. Katherine has over 20 years’ experience of advising public bodies, utilities and the private sector on public procurement issues. Katherine has advised upon the procurement issues inherent within a wide variety of PPPs, PFIs, regeneration and outsourcing projects, across sectors and covering most aspects of local and national public infrastructure; from new homes, schools, energy facilities, roads to IT projects.

Highlights over her career include numerous education, waste and housing PPPs/PFIs; the 2012 Olympic Games; the Thames Tideway Tunnel super-sewer; high profile defence agreements; the complex alliances and other significant partnerships for the National Highways, the Metropolitan Police, Thames Water, Transport for London, the Greater London Authority and many central government departments. She also advises private sector bidders on how to do their very best in public procurements.

While Katherine is predominantly a transactional lawyer, she has also instructed Counsel on a number of high profile procurement claims including AEW vs Basingstoke and the Consultant Connect litigation.

Katherine has been ranked for procurement in Chambers & Partners UK for many years and for Government Contracts in Who’s Who Legal. She also holds a diploma in local government law. Chambers & Partners has quoted clients as saying (2023):

"She is extremely pragmatic and experienced. She really builds relationships and brings novel solutions to our issues."

"Katherine is an exceptional lawyer who always provides objective, considered and very pragmatic advice."

"She is excellent. She's clear, concise and responsive."

Emily Tracey

Solicitor, DAC Beachcroft

Emily is a solicitor in our Commercial and Public Procurement team and has over 3 years' experience advising clients on complex and high value matters. Emily supports key clients including NHS commissioners and providers, central government bodies, local authorities, housing associations and private sector companies. Emily advises clients in the North of England, as well as nationally.

Emily has experience with a wide range of procurements including for NHS providers and other commercial service contracts. Recent experience includes:

Assisting with the procurement of a development partner for a regeneration project. This project involved working in partnership with a property consultancy to produce the procurement documents, which assessed how potential development partners would deliver the client's requirements.
Supporting a client with the procurement of a high-profile healthcare SaaS solution. Emily worked alongside several IT commercial lawyers and several senior procurement lawyers to deliver the project.
Assisting with the procurement of a design and construction contract to build a flagship headquarters. This project involved advising the client on the various procurement processes and drafting the procurement documents.
Supporting an NHS commissioner with their procurement of healthcare services valued above £1bn which aims improve health outcomes, reduce inequalities and deliver sustainable services.

Emily is also able to deliver training on the newly implemented Provider Selection Regime and the Procurement Act which has overturned the existing legislation in this field and also has an in-depth understanding of current procurement legislation and the case law that impacts it.

Jurisdiction(s):

United Kingdom

Open procedure—PA 2023

Produced in partnership with Katherine Calder of DAC Beachcroft and Emily Tracey of DAC Beachcroft