Jurisdiction(s):
European Union

Key definition

Procurement definition

What does Procurement mean? Procurement describes how organisations plan, source, tender for and contract for works, goods and services, including appointing contractors, consultants and suppliers on construction projects. In practice it spans private purchasing and public procurement subject to statutory rules. In England, Wales and Northern Ireland, public procurement is governed by the Procurement Act 2023 (which replaces the Public Contracts Regulations 2015), alongside sector-specific regimes (including utilities, concessions and defence/security) and guidance. Scotland applies the Public Contracts (Scotland) Regulations 2015 and the Procurement Reform (Scotland) Act 2014. In Ireland, EU-derived regulations apply (for example S.I. No. 284/2016, S.I. No. 286/2016 and S.I. No. 203/2017)....

Applicability of the EU Public Sector Directive (2014/24/EU): works, supplies and services, thresholds, contracting authorities, mixed contracts and key exclusions

Published by a LexisNexis EU Law expert

Practice notes

This Practice Note summarises the applicability and scope of Directive 2014/24/EU (the EU Public Sector Directive) to specific procurements. To establish whether the Directive applies, a contracting Authority should consider four principal questions:

does the contract fall within the definitions of public works, services or supply contracts?
is the contract being awarded by a contracting authority?
is the relevant EU threshold exceeded?
is the contract, on an exceptional basis, excluded from the Directive’s scope?

Does the contract fall within the definition of public works, services or supply contracts?

Public works contract

A public works contract is a public contract the subject-matter of which comprises any of the following:

the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II
the execution, or both the design and execution, of a work
the realisation, by whatever means, of a work meeting requirements set by the contracting authority, which exercises a decisive influence over the type or design of the work

Annex II sets out activities constituting works, which include, for example:

construction
site preparation
demolition and wrecking

...

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Victoria Topoll

Bird & Bird

As associate in the Regulatory and Administrative Practice Group in Düsseldorf, Ms. Topoll advises both the public sector and private companies in public procurement procedures. Her practice specializes on issues related to public procurement law especially in the sectors of information technology, public health, transport, defence and public security.Her main consulting activities for national and international clients besides public procurement procedures focus on projects concerning regulatory law, EU state aid and subsidies law as well as IT contract law. In infrastructural and innovative large-scale projects, especially in the IT sector, she assists clients in all stages from the preparation of the contract award to the project implementation. ...

Andrew Dean

Bird & Bird

As a London-based partner in our Commercial practice, I support clients at the intersection of government and business.I focus on market-first and internationally significant transactions, contentious procurement and public law matters, as well as regulatory and policy development. With extensive experience representing both government and business entities in the UK and internationally, I have a deep understanding of the pathways and strategies required to transact and engage effectively in these areas, helping clients achieve their strategic objectives in increasingly complex and uncertain markets.I am a trusted advisor to governments, statutory corporations and utilities on their most complex and strategically important projects, advising on all aspects of procurement and public law. I have extensive experience across a range of transaction types such as procurements, PPPs, large-scale outsourcing and technology transactions, divestments, M&A and financial assistance, with a particular focus on regulated sectors such as...

Dr Benjamin Wübbelt

Bird & Bird

As a partner in the Public Projects and Procurement Group in Düsseldorf, Dr. Wübbelt advise his clients on project implementation at the interface between public procurement law and information technology law. His practice focuses on public procurement law with a particular emphasis on information technology and data protection law. He advise on complex IT infrastructure projects throughout the entire project lifecycle, including contract drafting and project implementation. He also advise clients comprehensively on all data protection matters in relation to social security data, as well as IT security and IT compliance issues. Outside his practice, he regularly give specialist lectures on IT law topics, including legal issues of cloud computing and IT security....

Tom Ward

Bird & Bird

I am an associate in Bird & Bird's projects team, focusing on public sector, utilities, and private sector procurement. I have experience of supporting both public and private sector clients.I have previously worked in central government and, therefore, have had first-hand experience of a public authority's ways of working and the external and internal pressures a public authority may encounter. I draw on this insight to take a practical and collaborative approach when advising both public and private sector clients to ensure that project objectives are achieved.I have advised on a wide range of public procurement, public law, and subsidy control issues, including advising on and/or drafting of:Public procurement: the strategy and structure of procurements – including exemptions to the relevant procurement regime; selection and award criteria; the running of procurements, including the establishment of DPSs and large...

Web page updated on 22/05/2026

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