Jurisdiction(s):
United Kingdom

Related legal acts

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)....

UK transport infrastructure procurement: legal and commercial guidance on appraisal, regulation, risk allocation, contract structures (D&B, DBFO, ECI, franchises, concessions, NPD) and payment mechanisms

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Practice notes

ARCHIVED: This Practice Note is archived and is not being maintained.

The UK transport sector spans multiple modes and related infrastructure, such as roads, tunnels and bridges, buses, heavy and light rail, aviation, and shipping. Drawing on several of these sub-sectors, this Practice Note highlights key points for those considering the Procurement of a transport scheme. Planning and procurement matters must also be addressed and are considered separately in our Practice Notes:

Transport project procurement—planning law considerations [Archived]
Transport project procurement—procurement law considerations [Archived]

Project appraisal and scoping

At the outset, robust appraisal and clear scoping are essential. This should encompass evaluations of:

technical, legal and commercial feasibility
deliverability
affordability
value for money
capacity to satisfy planning and environmental obligations

Further early-stage considerations include determining the correct government accounting treatment and the overall procurement approach. Substantial guidance is available to support appraisal and planning, some of which is referenced below. HM Treasury’s Green Book provides direction and indicates that appraisal is ‘...the process of assessing the’...

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Web page updated on 22/05/2026

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