Public procurement—Open procedure
Public procurement—Open procedure

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

  • Public procurement—Open procedure
  • Brexit impact—public procurement
  • General
  • Public procurement procedures—legal background
  • Background
  • Procedure
  • Issues arising when using the open procedure

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.

General

As from 26 February 2015 a contracting authority must use one of the five permitted procurement procedures set out in the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) unless an exemption applies, such as where the value of the contract is below the relevant threshold.

For details of procurement generally, the relevant monetary thresholds and what a ‘contracting authority’ is, see Practice Note: Introduction to public contracts procurement.

Public procurement procedures—legal background

The open procedure derives from 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 28 March 2014. It came into force on 17 April 2014.

The Public Contracts Directive was then implemented into English law by the PCR 2015, most of the provisions of