Jurisdiction(s):
United Kingdom

Practical guide to below-threshold contracts under the Procurement Act 2023: scope, thresholds, procedures, notices, SME/VCSE reservations, frameworks, dynamic markets, payment terms, modifications and remedies

Published by a LexisNexis Public Law expert

Practice notes

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. Procurements started on or after that date must, where applicable, proceed under PA 2023. Procurements initiated under the former regime—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 conducted and overseen in line with that legislation. This guidance concentrates on public procurement under PA 2023. For practical guidance on below-threshold contracts under the prior regime, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime—pre PA 2023.

The below-threshold public procurement regime

In general, the below‑threshold regime affords contracting authorities greater scope to craft an appropriate procurement exercise. Part 6 of PA 2023 prescribes the rules governing the procurement of below‑threshold contracts, including provisions on procurement procedures, duties, notices and implied payment terms...

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Radhika Devesher

Sharpe Pritchard

Radhika provides high quality, targeted and accessible legal advice across a range of practice areas and delivers effective solutions to legal issues. She has advised on a range of public sector organisations on outsourcing projects, high value service contracts, framework agreements and contract variations.She delivers pragmatic legal advice and support, with a focus on providing solutions for her clients. Working across a number of areas enables Radhika to pass on an in-depth legal knowledge of the matter in hand, but also raise ancillary issues which may not have been identified.Radhika advises clients on planning for and conducting multi-stage procurement exercises, including exploring competition and evaluation strategies, preparing procurement documentation, evaluating tenders, awarding contracts, debriefing bidders and risk management throughout the procurement. She also advises on all aspects of public sector contracts, from the outset of a procurement process, through to...

Lorraine Spurling

Sharpe Pritchard

Lorraine worked in local government as a principal lawyer for almost 17 years. Since joining Sharpe Pritchard in 2019, Lorraine has continued to advise local authorities and also central government on a wide range of commercial transactions, with a particular focus on complex procurement processes – including outsourcing and in-sourcing entire service areas and multi-lot/ multi-party frameworks. Lorraine has substantial knowledge of EU public procurement and commercial contracts across the public sector and advises on all procedures under the PCR 2015, including procurement strategy, and frequently drafts/advises on Contract Notices, Selection Questionnaires, Invitation to Tender Documents, Evaluation Criteria, Contract or Framework Terms, Access Agreements and Partnership / Collaborative working agreements. Lorraine also advises on the application of TUPE to procured contracts and is considered to provide a full commercial perspective to the matter.Lorraine also advises on a wide range of...

Web page updated on 21/05/2026

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