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Damages in public procurement challenges pre-PA 2023: sufficiently serious breach, American Cyanamid, quantum and post-award remedies under PCR 2015
PRACTICE NOTES
Damages in public procurement challenges pre-PA 2023: sufficiently serious breach, American Cyanamid, quantum and post-award remedies under PCR 2015
This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note offers guidance for public procurement exercises launched before the Procurement Act 2023 (PA 2023) took effect on 24 February 2025. Procurements within scope that start on or after that date are subject to PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes persist as needed so contracting authorities can conclude and administer procedures begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be interpreted on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical material on PA 2023 sits in a separate subtopic: Procurement Act 2023—overview. It is intended to be read alongside those materials for context and background. Remedies for breach of PCR 2015 The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, govern the
Public Law
Archived precedent: standstill letter to unsuccessful tenderers under PCR 2015 (pre-Procurement Act 2023) — England, Wales and Northern Ireland
PRECEDENTS
Archived precedent: standstill letter to unsuccessful tenderers under PCR 2015 (pre-Procurement Act 2023) — England, Wales and Northern Ireland
ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As of 24 February 2025, the core elements of the Procurement Act 2023 (PA 2023) take effect. Procurements commenced on or after that day must proceed under PA 2023, while procedures started under the former regime (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be conducted and administered in line with that framework. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023...
Local Government
Standstill notification of contract award to successful tenderer: template under Regulation 87 PCR 2015 (pre-PA 2023) — England, Wales and Northern Ireland [Archived]
PRECEDENTS
Standstill notification of contract award to successful tenderer: template under Regulation 87 PCR 2015 (pre-PA 2023) — England, Wales and Northern Ireland [Archived]
ARCHIVED: This Precedent has been archived and is no longer maintained. STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in force. Any procurements launched on or after that date must proceed under PA 2023, while those started under the earlier legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023...
Local Government
Template holding letter acknowledging procurement complaint, outlining review process and possible standstill extension (pre-Procurement Act 2023; archived)
PRECEDENTS
Template holding letter acknowledging procurement complaint, outlining review process and possible standstill extension (pre-Procurement Act 2023; archived)
ARCHIVED This Precedent is no longer current and is not being actively updated. STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take full effect. Procurements started on or after that date must proceed under PA 2023, while those commenced under earlier rules—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered in line with that regime. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023...
Local Government
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