Procurement correspondence—specific procedures and examples
Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors
Procurement correspondence—specific procedures and examples

The following Local Government practice note produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors provides comprehensive and up to date legal information covering:

  • Procurement correspondence—specific procedures and examples
  • Brexit impact—public procurement
  • Underlying procurement principles
  • Correspondence required under each procedure
  • Correspondence under the open procedure
  • Correspondence under the restricted procedure
  • Correspondence under the competitive procedure with negotiation
  • Correspondence under the competitive dialogue procedure
  • Correspondence under the innovation partnership procedure
  • Negotiated procedure without advertisement
  • More...

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.

Underlying procurement principles

A contracting authority must observe the general EU Treaty principles of equal treatment and transparency in relation to all public procurement correspondence.

For procurement of public contracts above the relevant EU tendering thresholds, the key principles are enshrined in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, which implement Directive 2014/24/EU, the Public Contracts Directive, in England, Wales and Northern Ireland. See Practice Note: Introduction to public contracts procurement.

Regulation 18 of the PCR 2015 states that:

'Contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate manner'.

This transparency agenda requires tenderers to be given full information about all stages of a public procurement and how their submissions and tenders will be evaluated, so they can take this into account when deciding whether or not to participate in the tender process.

For background reading, see Practice Notes: Transparency in procurement processes and Procurement correspondence—general principles.

Correspondence required under each procedure

The actual correspondence required will depend on the procurement procedure that is

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