Q&As

What guidance is available for handling tied bids in public procurement?

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Produced in partnership with Fergus Randolph QC of Brick Court Chambers
Published on LexisPSL on 26/01/2021

The following Public Law Q&A produced in partnership with Fergus Randolph QC of Brick Court Chambers provides comprehensive and up to date legal information covering:

  • What guidance is available for handling tied bids in public procurement?
  • Further reading

What guidance is available for handling tied bids in public procurement?

The answer to this Q&A relates to an above threshold procurement exercise conducted subject to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

The first point to note is that, insofar as this issue is concerned, the end of the Brexit transition period at 11 pm on 31 December 2020 does not impact on the rules and best practices in question. For further reading on the Brexit impact, see Practice Note: What does IP completion day mean for Local Government? For recent analysis, see News Analysis: Brexit—the end of public procurement rules or business as usual?

That said, the UK Government published a Green Paper in December 2020 entitled 'Transforming Public Procurement', which promises to radically change the procurement landscape in the UK. The first paragraph of its Executive Summary gives a flavour of the path down which the government wishes to travel:

'The proposals in this Green Paper are intended to shape the future of public procurement in this country for many years to come. The Government’s goal is to speed up and simplify our procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery. The current regimes for awarding public contracts are too restrictive with too much red tape

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