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Practical guidance on direct awards under the Procurement Act 2023: Schedule 5 justifications, sections 41–43, transparency notices and standstill

Practice notes
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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 procurement—negotiated without a notice procedure—pre-PA 2023.

Direct award

The default position for contracting authorities is that contracts within scope of PA 2023 require a competitive tendering exercise. However, in certain limited circumstances, a direct award is permitted without first running a competitive process. A contracting authority may only make a direct award when it can rely on:

  • PA 2023,...
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Deborah Ramshaw
Deborah Ramshaw

Deborah is a nationally renowned procurement law specialist, noted for her commercial and pragmatic advice to clients. She is also WBD's Head of Procurement. Deborah advises clients in the public and private sector and uses her knowledge of acting for both sectors to provide practical advice on running processes which are as defensible as possible and advising bidders on how to challenge processes.Deborah has a particular interest in advising on procuring innovation and complex projects. Deborah has significant experience in establishing and using framework agreements. Deborah advises clients in a wide range of sectors including central and local government, NHS bodies, education, transport and utilities sectors and third sector organisations....

Web page updated on 21/05/2026

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