Public procurement—key considerations
Public procurement—key considerations

The following Public Law guidance note provides comprehensive and up to date legal information covering:

  • Public procurement—key considerations
  • Brexit impact—public procurement
  • Public procurement procedures—legal background
  • Public procurement procedures—overview
  • Public procurement procedures—sub-threshold contracts and the light-touch regime
  • Other laws to consider
  • Guidance and specific rules to consider
  • Steps to take before procurement
  • Pre-market engagement before considering which procedure to use
  • Comparison between the procedures
  • more

A contracting authority procuring a public contract above a certain financial threshold must use one of the permitted procurement procedures set out in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, unless an exemption applies.

This Practice Note sets out details of the key procedures for contracting authorities procuring works, supplies or services. It is also of use to bidders so that they can understand how public procurement procedures are typically run.

For background reading on public procurement generally, the relevant financial thresholds and what a ‘contracting authority’ is, see Practice Note: Introduction to public contracts procurement.

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.

Public procurement procedures—legal background

The procedures derive from the Public Contracts Directive ie Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. In the PCR 2015, the Directive 2014/24/EU is referred to as the 'Public Contracts Directive'.

The Public Contracts Directive was published in the Official Journal of the European Union (OJEU) on