Womble Bond Dickinson
5 Experts
1 Contributions by Womble Bond Dickinson
PRACTICE NOTES
This Practice Note reviews ‘pay when paid’ and ‘pay when certified’ provisions in construction contracts, together with the relevant parts of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). In particular, it covers:
HGCRA 1996, s 113—which bans pay when paid clauses, save where a third party has become insolvent
HGCRA 1996, ss 110(1A)–(1D)—which prohibit ‘pay when certified’ clauses, introduced by the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009)
Pay when paid clauses
‘Pay when paid’ clauses are provisions that make a payment obligation under a construction contract conditional upon a corresponding payment being received from a third party under a separate agreement...
Construction
16 Contributions by Womble Bond Dickinson Experts
PRACTICE NOTES
This practical guidance concerns the Procurement Act 2023 regime. From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Competitions launched on or after that date must, where relevant, follow PA 2023, while those started under the earlier framework—the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be run and administered in line with that regime. This guidance concentrates on public procurement within PA 2023. For context on the former system, see Practice Note: Introduction to public contracts procurement. For practical notes on automatic suspension under the former legislation, see Practice Note: Automatic suspension—pre-PA 2023.
Automatic suspension
PA 2023, which applies to the letting of public contracts above the relevant thresholds (see Practice Note:
Public Law
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures begun under earlier regimes must continue to be conducted and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
Distinction between selection and award criteria
This Practice Note focuses on award criteria and the various evaluation
Local Government
PRACTICE NOTES
This practical guidance concerns the regime preceding the Procurement Act 2023. It provides direction pertinent to public procurement processes started before PA 2023 took effect on 24 February 2025. It applies to procurements launched before the Act’s commencement. Any in-scope procurements initiated on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings measures, the earlier procurement frameworks remain in force so far as required for contracting authorities to finalise and administer procurements begun prior to commencement (i.e. ongoing procurements). This Practice Note should be read in that light. For background reading, consult Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical material on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview. That subtopic includes the following Practice Note: Challenging a public procurement award—time limits—PA 2023.
What is the scope for
Local Government
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note provides direction for public procurement processes initiated before the Procurement Act 2023 (PA 2023) took effect on 24 February 2025. Any in-scope procurement started on or after that date is subject to PA 2023. Under PA 2023’s transitional and savings arrangements, the former procurement regimes continue so far as is required to enable contracting authorities to finalise and administer procurements begun before commencement (ie procurements already under way). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical material on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview, which includes the following Practice Note: How to deal with confidentiality issues—PA 2023.
Confidentiality in public procurement and the wider public sector context
This Practice Note should be read
Local Government
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) have taken effect. Procurements commenced on or after that date must proceed under PA 2023, while those started under earlier rules must continue to be run and administered in line with those regimes.
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime
This practical guidance addresses public procurement governed by PA 2023. For guidance on confidentiality questions under the former framework, see Practice Note: How to deal with confidentiality issues, including during procurement litigation—pre-PA 2023.
Confidentiality in public procurement and the wider public sector context
This Practice Note should be considered alongside the Practice Note: Use of
Public Law
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note provides guidance for procurements that began before the Procurement Act 2023 (PA 2023) commenced on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Under the Act’s transitional and savings provisions, the prior procurement regimes still apply, so far as is needed, enabling contracting authorities to finalise and administer procedures launched before PA 2023 took effect (ie live procurements). Read this Practice Note on that basis. For context, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical material on PA 2023 appears in the separate subtopic, Procurement Act 2023—overview, which also includes: Practice Note: Direct award—PA 2023.
Using the negotiated without a notice procedure
The legal bases for applying the negotiated procedure without a notice are set out in
Local Government
PRACTICE NOTES
STOP PRESS
As at 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in full effect and operation. Competitions launched on or after that date must be conducted in accordance with PA 2023, while procurements initiated under the earlier instruments—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 delivered, administered and overseen in accordance with those rules. See the Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime
This practical guidance addresses public procurement under the Procurement Act 2023 (PA 2023). For further guidance on evaluation methodologies under the former legislation, see Practice Note: Using different evaluation methodologies for different types of public
Public Law
PRACTICE NOTES
This Practice Note provides guidance on putting sustainable procurement into practice under Directive 2014/24/EU. It outlines key methods, including using labels within technical specifications and carrying out sustainability assessments at the selection and award stages, to achieve this. It further looks at performance requirements as a means of factoring in environmental and social aspects, and highlights the use of these tools to embed such outcomes.
Promoting sustainable development via public procurement
Directive 2014/24/EU (the EU Public Sector Directive) derives its authority from the Treaty on the Functioning of the EU (TFEU), which mandates that environmental protection duties are integrated into the design and delivery of the EU’s policies and activities, in particular to promote sustainable development.
When implementing its policies, the EU must also consider:
guaranteeing adequate social protection (Article 8 TFEU)
tackling discrimination and social exclusion (Article 9
EU Law
PRACTICE NOTES
STOP PRESS:
As at 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) have taken effect. Procurements initiated on or after that date must proceed under PA 2023, while those started under the earlier regimes—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 procured and managed in line with that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
In the past, public procurement often began with publication of a contract notice, with no prior
Public Law
PRACTICE NOTES
This practical guidance concerns the Procurement Act 2023 regime. From 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements started on or after that date must, where applicable, be conducted under PA 2023, while those begun under the earlier legislation (the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848) must continue to be procured and managed in line with that legislation. This guidance centres on public procurement under PA 2023. For background on the former regime, see Practice Note: Introduction to public contracts procurement—pre-PA 2023. For practical guidance on procedures allowing direct award under PCR 2015, see Practice Note: Public
Public Law
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in effect. Competitions commenced on or after this date must proceed under PA 2023. Procurements initiated under the earlier framework—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen under those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
What is preliminary market
Local Government
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the former framework—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 overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. For practical guidance on market engagement under the previous legislation, see Practice Note: Market engagement in public procurement.
What is preliminary market engagement?
Preliminary market engagement (PME) means researching and engaging with the market to shape a forthcoming procurement and to brief potential suppliers on a
Public Law
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime
This Practice Note addresses the position before the Procurement Act 2023 regime. It offers direction for public procurement exercises started prior to the Procurement Act 2023 (PA 2023) taking effect on 24 February 2025. Any in-scope processes initiated on or after that day fall under PA 2023. By virtue of PA 2023’s transitional and savings measures, the earlier public procurement frameworks continue, so far as required, to let contracting authorities finalise and administer procurements begun before PA 2023 commenced (ie procurements still in progress). This Practice Note should be considered with that in mind and contextually understood. For introductory material, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Additional practical guidance on PA 2023 appears within a distinct subtopic, see: Procurement Act 2023—overview. That subtopic also includes the following Practice Note:
Local Government
PRACTICE NOTES
STOP PRESS:
From 24 February 2025, the key provisions of the Procurement Act 2023 (PA 2023) are in full effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced pursuant to the earlier 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 run, overseen and administered under those rules. Please refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023.
This content relates solely to the Procurement Act 2023 regime. This practical guidance specifically concerns public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on time limits for challenging a public procurement award under the previous legislation, see the Practice Note: Challenging a public procurement award—procedures, remedies and time
Public Law
PRACTICE NOTES
The remedies available to aggrieved bidders where a breach of the public procurement regulations or other enforceable obligations arises in the public procurement arena are set out in the Public Contracts Regulations 2015, SI 2015/102, Part 3.
Standstill period and contract award information
A contracting authority must notify all candidates and tenderers (other than tenderers that have been 'definitively excluded') of its decision to award a public contract. The notification must include:
the criteria applied to the contract award
the reasons for the decision, including the characteristics and relative advantages of the winning tender
the score(s) of the party receiving the notice
the name and score(s) of the successful party
the legal effect of the standstill period
The standstill periods are:
where notices to bidders are sent by email or fax—ten days after the notice was sent
where notices to bidders are sent by other means—15 days after the notice was sent, or ten days
Local Government
PRACTICE NOTES
What is the standstill period?
When a contracting authority reaches its decision on awarding a public contract subject to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, it must observe a standstill period. This mandatory window prevents the authority from entering into the contract with the winning bidder until the standstill has expired. It gives unsuccessful tenderers the chance to:
request further information from the contracting authority; and
assess whether their rights were prejudiced during the procurement
If so, they may seek to have the award decision set aside. This remedy can sit alongside, or be pursued instead of, a claim for damages. In certain cases, other remedies may apply, including a declaration of ineffectiveness (where the contract has already been concluded, and only on limited grounds). See Practice Notes: Public procurement remedies and Damages as a remedy in public
Local Government
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