Public Contracts Regulations 2015—key steps and common procedures
Produced in partnership with Hardwicke
Public Contracts Regulations 2015—key steps and common procedures

The following Construction guidance note Produced in partnership with Hardwicke provides comprehensive and up to date legal information covering:

  • Public Contracts Regulations 2015—key steps and common procedures
  • Brexit impact—public procurement
  • Key steps common to all procedures under the Public Contracts Regulations 2015
  • Open procedure
  • Restricted procedure
  • Competitive procedure with negotiation
  • Competitive dialogue
  • Innovation partnership
  • Use of negotiated procedure without prior publication
  • Outline of evaluation process

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.

Key steps common to all procedures under the Public Contracts Regulations 2015

The Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) set out the procedures that public contracting authorities must follow when procuring public contracts by tender. The procedures enshrine the EC Treaty’s founding principles of equality and non-discrimination. They aim to ensure that the procurement process is opened up to wider competition and that a tenderer in one member state has the same chance of winning a contract as a tenderer from any other member state. For more information, see Practice Notes: The principles of EU procurement and Introduction to public contracts procurement.

Each procedure set out below can broadly be divided into four stages:

  1. specification stage—relevant public contracts must be advertised in the Official Journal of the European Union (known as OJEU), save for the one exception of the negotiated procedure without notice. A contracting authority can put out a 'call for competition' by way of a contract