Public procurement meaning

This Checklist sets out the principal procedural steps and considerations for parties preparing or answering a request to extend time in judicial review claims before the Administrative Court. It should be read alongside Practice Note: Judicial review time limits—extensions and urgent cases. Time limits for bringing claims and the requirement to act 'promptly' Where proceedings are started in the High Court, the claim form must be lodged promptly and, in any case, no later than three months from the date the grounds first arose, subject to the shorter periods below: challenges to planning decisions must be issued within six weeks of the date the grounds to bring the claim first arose challenges to procurement decisions under the Public Contracts Regulations 2015 must be brought within 30 days of the date the grounds to bring the claim first arose...

This practical guidance relates to 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, proceed under PA 2023, whereas procurements initiated under earlier rules must continue to be run and administered in accordance with those regimes. The previous legislation comprises: Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274 Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848 This guidance sets out a comparison of the principal features of public procurement under PA 2023 and PCR 2015, SI 2015/102. For background on PA 2023, see Practice Note: Introduction to the Procurement Act 2023—PA 2023 and Does the Procurement Act 2023 apply?—flowchart. For background on PCR 2015, SI 2015/102, see Practice Note: Introduction to public contracts procurement and Public procurement procedure...

STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements initiated on or after that date must proceed under PA 2023, while those 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 accordance 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...

This Flowchart helps you decide whether the Business & Property Courts (B&PCs) Disclosure Scheme (CPR PD 57AD) applies to your claim, or if disclosure is governed by CPR 31, CPR PD 31A and CPR PD 31B. It does not address the position on: transfer of proceedings from a non‑Disclosure Scheme scenario to a Disclosure Scheme one; and disclosure in appeals Relevant content referred to in this Flowchart: Disclosure Scheme—when and where it applies Disclosure—overview Business and Property Courts Disclosure Scheme—Extended Disclosure Disclosure Scheme—Extended Disclosure and Less Complex Claims See also: Disclosure Scheme (Business & Property Courts)—overview...

This Flowchart summarises the principal stages that commonly apply to information technology (IT) procurement...

You might also find it useful to consult the Practice Note: Internal communications—developing an internal communications plan, and Precedent: Internal communications plan...

In this issue: Advertising, marketing and sponsorship Contracts Data protection Public procurement Sale and supply of goods Supply of services International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings— 8 May 2024. The Advertising Standards Authority (ASA) considered a complaint about a website promoting a gambling offer that did not set out key entry conditions. The complainant queried whether the advertisement misled consumers. The ASA agreed and upheld the complaint. See: LNB News 08/05/2024 29. Contracts Supreme Court clarifies law on damages and assessment of goods (Sharp Corp Ltd (Respondent) v Viterra BV (previously known as Glencore Agriculture BV) (Appellant)). In Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14, the Supreme Court unanimously allowed the appeal and also allowed the cross-appeal, sending the Awards back to the Appeal Board for reconsideration. Lord...

In this issue Advertising, marketing and sponsorship Consumer protection International Public Procurement Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Advertising, marketing and sponsorship ASA rulings—26 February 2025 The Advertising Standards Authority upheld two challenges concerning an email from Maki Online Services Ltd t/a Nino Apply, which exaggerated the consequences of not renewing a Biometric Residence Permit and failed to disclose the availability of a free eVisa. See: LNB News 26/02/2025 21. CAP and BCAP launch further consultation on 'less healthy' ads rules Acting for the ASA, the Committees of Advertising Practice (CAP and BCAP) have begun a further consultation on introducing new restrictions on promoting ‘less healthy’ food and drink to children. From October 2025, these rules will bar such advertising on TV and online during set periods. Input is requested on refreshed guidance for applying the rules, following responses to...

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection E-commerce International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Advertising, marketing and sponsorship ASA rulings—21 August 2024 One complaint was lodged with the Advertising Standards Authority (ASA) about a sponsored Facebook post by Just Eat.co.uk Ltd t/a Just-Eat.co.uk that featured McDonald’s products high in fat, salt or sugar (HFSS), querying whether the ad had been directed at children. The ASA upheld the complaint. See: LNB News 21/08/2024 11. CMA accepts Meta's updated ad data use rules The Competition and Markets Authority (CMA) has accepted Meta’s updated commitments on the use of advertising data. Following the CMA’s May 2024 consultation on Meta’s varied commitments regarding its ad data practices, Meta will introduce a new model ensuring all advertisers can use Facebook Marketplace without their data being used...

The public sector equality duty (PSED) Set out in Part 11 of the Equality Act 2010 (ss 149–159), the public sector equality duty (PSED) comprises a general equality duty applying UK-wide to public bodies listed in Schedule 19 of the EqA 2010, alongside specific duties intended to support delivery of the general duty and enhance transparency. Although the general duty is identical across England, Wales and Scotland, the specific duties made under EqA 2010, s 153 vary. In Wales, listed public bodies must meet particular specific duties that sit alongside the UK-wide general duty. These specific duties bind listed Welsh bodies only. They do not extend to non-devolved public authorities operating in Wales. Under EqA 2010, s 149, the general duty requires public authorities and those exercising public functions to have 'due regard' to the need to: eliminate discrimination, harassment, victimisation, and any other behaviour prohibited by or under the EqA 2010 advance equality of opportunity between people who share a relevant protected characteristic and...

STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect and apply. Competitions commencing on or after that date must proceed under PA 2023, while procurements 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 run and overseen in line with those rules and procedures accordingly. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This material concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on light touch contracts under the former legislation, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime. Overview of the light touch public procurement regime Under PA 2023, light touch contracts (LTCs) mean contracts wholly or predominantly for the delivery of identified...

Transport projects This Practice Note provides a concise overview of transport projects and signposts useful materials on the topic available from LexisNexis® and other external sources. Transport plays a vital role in economic and social development at regional, national and international levels... Initiatives in this field generally demand significant investment and sophisticated infrastructure, and are frequently lengthy, demanding and of notably high value. Transport projects commonly need to align local and/or national infrastructure policies and funding approaches with the commercial aims and expectations of private sector organisations involved in their delivery... Activities in the transport sector span a wide range of modes and related infrastructure, including: roads—road widening, toll roads, smart motorways, safety improvements, congestion relief rail (light and heavy)—station upgrades/enhancements, renewing and enhancing rail infrastructure, viaducts, lineside infrastructure airports and aviation (airside and landside)—terminal construction/enhancement, baggage handling Together, these areas reflect the breadth and complexity of transport projects and the need to balance public policy and funding priorities...

Definitions Partner(s) • refers to EITHER: [ the following: [ insert names of partners ] OR those [ insert type of group, eg councils or academies in a geographical area or a type of public body ], as described in the Find a Tender service (FTS) Notice. ] The expression Partner(s) shall be understood accordingly. Partner Contract • denotes any arrangement, whatever its form, between the Supplier and the Partner(s) that stems from this Agreement. 1 Use of Agreement by Partner(s) The Supplier accepts and agrees that the Buyer has entered into this Agreement for its own benefit and for the benefit of the Partner(s). Beyond supplying the [ Goods OR Services OR Works ] to the Buyer under this Agreement, the Supplier shall also supply such [ Goods OR Services OR Works ] to any Partner that makes a request, PROVIDED THAT doing so shall not disrupt, compromise, or diminish the level of service the Supplier provides to...

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...

ARCHIVED: These archived training resources offer details on Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 concerning public procurement, which superseded Directive 2004/18/EC. Provided purely for background reference, they are not maintained or updated. The materials comprise sample PowerPoint decks and accompanying notes that may serve as the foundation for one or more training sessions, presenting the principal features of public procurement law under Directive 2014/24/EU, the Public Contracts Directive, given effect in England and Wales through the Public Contracts Regulations 2015, SI 2015/102. Policy drivers underpinning the Directive Core elements of the procurement processes Fundamental principles...

A well-known problem amongst procurement professionals A widely recognised headache for procurement practitioners arises from the duty in regulation 53 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (PCR 2015, SI 2015/102, reg 53). It requires the ‘procurement documents’ to be accessible at the time a public contract is advertised in the Official Journal of the European Union (the Official Journal, or OJEU). In essence, contracting authorities must use the internet to provide unrestricted, complete and immediate access, at no cost, to those documents from the day a notice, issued under regulation 51, appears in the Official Journal, or from the day an invitation to confirm interest is dispatched. The issue most often raised, particularly for public procurements run under the restricted procedure (and comparable routes that involve a pre-qualification phase ahead of the award stage), is whether the invitation to tender and the specification must already be available when the contract notice is published in the OJEU. Timing this disclosure often proves challenging for contracting authorities...

Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 33(2) defines a framework agreement as: Regulation 33(2) of the Public Contracts Regulations 2015 (SI 2015/102) describes a framework agreement as an arrangement between one or more contracting authorities and one or more economic operators, intended to set the terms that will govern contracts awarded over a specified period, notably concerning price and, where appropriate, the quantities anticipated. The Crown Commercial Service (CCS) guidance interprets a framework agreement as a broad term for arrangements with providers that lay down the terms and conditions under which agreements for specific purchases—referred to as call-off contracts—can be put in place throughout the life of the agreement...

Assumptions have been made that this is an above-threshold procurement, conducted via a fully compliant public purchasing process in line with the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, and that standstill notices were issued under PCR 2015, SI 2015/102, reg 86, to the winning tenderer and all unsuccessful tenderers, across the procurement process. We further assume the original contractor stopped trading (without entering insolvency) at any stage. Consequently, we have not examined the safe harbours that allow for modifying or substituting a contractor under PCR 2015, SI 2015/102, reg 72(1)(d) for this analysis. Where a public contract has collapsed because the supplier has stopped trading (with no sign of insolvency), and the contracting authority is contemplating appointing a replacement, several points require attention by decision-makers herein. A few illustrations are outlined below...