Public procurement

Q&As

Where a multi-supplier framework agreement allows the call-off terms to be varied by the contracting authority, where in the documents should this be specified and would a supplier be bound to accept such varied terms?

Where a multi-supplier framework includes provision for varying the terms for each call-off, where in the procurement/contract documents should this...

Produced in partnership with Peter Ware of Browne Jacobson 8th Jan

Practice notes

Negotiated without a notice procedure

The grounds for using the negotiated procedure without a notice are set out in regulation 32 of the Public Contracts Regulations 2015, SI 2015/102...

Produced in partnership with Deborah Ramshaw of Hempsons 8th Jan

Q&As

For contracting authorities running a dynamic purchasing system, what guidance is available for use of additional supplier selection questions in Part 3 of the standard selection questionnaire? Can these questions be scored and/or weighted?

In September 2016, the government introduced a standardised selection questionnaire (SQ) for use in public procurement, which replaced the previous...

Produced in partnership with Brendan Ryan of Pinsent Masons 8th Jan

Q&As

When a local authority wishes to submit a tender for a service contract being procured by another local authority, do they have to do so through a trading company or can they respond and contract directly with the other local authority for the provision of services?

As a general rule, the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 seek to ensure that potential tenderers (whether public or private...

Produced in partnership with Brendan Ryan of Pinsent Masons 8th Jan

Q&As

Are there any legislative restrictions against a contracting authority requiring bidders for a public contract to use (and contract with) an existing/particular third-party supplier as part of the bid process?

This Q&A focuses on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.As a general rule, PCR 2015, SI 2015/102...

Produced in partnership with Brendan Ryan of Pinsent Masons 8th Jan

Q&As

Is there a time limit for notifying tenderers of the outcome of a public procurement exercise? Eg if a contracting authority waited two years to inform tenderers of a contract award decision, could the losing tenderers bring a challenge?

Is there a time limit for notifying tenderers of the outcome of a public procurement exercise?While there is no set time limit for notifying tenderers...

Produced in partnership with Marina Javed of Browne Jacobson 8th Jan

Q&As

Do the Concession Contracts Regulations 2016 apply to services concession contracts? If so, what are the thresholds or parameters of application and what are the transitional provisions?

The Concession Contracts Regulations 2016, SI 2016/273 (CCR 2016), were laid in Parliament in March 2016 and came into force on 18 April 2016,...

26th Dec

Q&As

What is the interrelationship between regulations 20 and 77 of the Public Contract Regulations 2015?

Reservation of contractsRegulations 20 and 77 of the Public Contract Regulations 2015, SI 2015/102 (PCR 2015), concern the reservation of contracts....

26th Dec

Practice notes

Public procurement—Competitive dialogue procedure

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

24th Dec

Q&As

What is the impact of a no-deal Brexit on public procurement?

In conducting our research we have focussed on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.How does Brexit...

24th Dec

Brexit

Q&As

Where can I find the EU financial thresholds relating to public procurement and how often are they revised?

The EU Procurement Directives provide that they shall apply to contracts where the estimated value of the contract is no less than the financial...

24th Dec

Practice notes

Social value and public procurement

The Public Services (Social Value) Act 2012 (PS(SV)A 2012) requires contracting authorities to consider how they can improve the social impact of...

7th Dec

Q&As

A contracting authority conducts a mini-competition (for an above-threshold service contract) under a dynamic purchasing system and receives only one bid, which is over budget. In this scenario, is negotiation with the sole tenderer, with a view to reducing the contract price, permitted under the Public Contracts Regulations 2015, SI 2015/102?

Dynamic Purchasing SystemsA Dynamic Purchasing System (DPS) allows a contracting authority to purchase goods, services and works for which they have a...

7th Dec

Q&As

How does the requirement to seek nominations from tenants to undertake works set out in The Service Charges (Consultation Requirements) (Wales) Regulations 2004 fit within a framework agreement regulated by PCR 2015?

We have assumed for the purposes of this Q&A that the framework agreement contemplated is subject to Public Contracts Regulations 2015 (PCR 2015), SI...

7th Dec

Q&As

Where can I find the financial thresholds relating to EU procurement and how often are they revised?

The EU Procurement Directives provide that they shall apply to contracts where the estimated value of the contract is no less than the financial...

7th Dec

Q&As

What guidance is available for contracting authorities on exclusion of bidders in public procurement?

Eligibility and selection in public procurementContracting authorities conducting a public procurement exercise under the Public Contracts Regulations...

6th Dec

Q&As

Can a contracting authority make a direct award under a Dynamic Purchasing System?

What is a DPS?A Dynamic Purchasing System (DPS) allows a contracting authority to purchase goods, services and works for which they have a regular...

29th Nov

COVID-19

Q&As

If a winning bidder withdraws from a public procurement exercise following the contract award decision, must the contracting authority proceed with the procurement (awarding the contract to the next-placed bidder), or can it discontinue and re-tender?

A contracting authority may reserve the right not to award a public contract, in which case it is best practice to set this out in the procurement...

29th Nov

Q&As

What is the scope of application for the standard selection questionnaire?

What is the scope of application for the standard selection questionnaire?The ‘Standard Selection Questionnaire’ section in Practice Note:...

29th Nov

Q&As

Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up?

Framework agreements can be set up in a variety of ways under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). However, PCR...

29th Nov

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