Pre-procurement considerations

This subtopic contains a range of resources focussing on some of the key pre-procurement considerations from the viewpoint of suppliers to public authorities, with particular focus on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

Public procurement law reform

Review and reform of the domestic public procurement regime, and associated areas of regulation (including health procurement and subsidy control—which replaces State aid), is on the government’s agenda as part of the post-Brexit dividend allowing for development of a bespoke regime for the UK. For more information on proposals, consultations and the status of draft legislation, see Practice Note: Public procurement reform.

Public procurement law

The domestic public procurement regime in England, Wales and Northern Ireland comprises the following sets of regulations:

•
the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) addresses contracts awarded by central government, local authorities and other public sector bodies. The PCR 2015 implemented the EU Public Contracts Directive 2014/24/EU, and replaced the Public Contracts Regulations 2006, SI 2006/5. They came into force on 26 February 2015—see Practice Note: Introduction to public contracts procurement
•
the Utilities Contracts Regulations, SI 2016/274 (UCR 2016) addresses

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Commercial News

CMA publishes provisional findings on mobile browsers competition

The Competition and Markets Authority (CMA) has published its provisional decision in the market investigation into mobile browsers and cloud gaming. The CMA has provisionally identified competition concerns in the mobile browsers market. This development follows a series of working papers and updates throughout 2024, including the recommencement of the investigation in January after a Court of Appeal judgment. The CMA has set a deadline of 5pm on 13 December 2024 for interested parties to submit responses to the provisional findings.

Commercial weekly highlights—21 November 2024

This week's edition of Commercial weekly highlights includes: analysis of the statutory guidance on the failure to prevent fraud offence which was introduced under the Economic Crime and Corporate Transparency Act 2023, commentary on Advertising Standard Agency's strategy to proactively pursue ‘greenwashing’ claims which explains the risks posed to businesses and what they can do to minimise their exposure, and news that the Department for Business and Trade has launched a consultation on implementing the new subscription contracts regime to be introduced under the Digital Markets, Competition and Consumers Act 2024.

ASA rulings—20 November 2024

The Advertising Standards Authority (ASA) has upheld a ruling on two paid-for Google ads for The Pure Gold Company, a gold and silver retail dealer. The ads were identified through the ASA's proactive monitoring as part of its wider work on unregulated investments. The ASA found the ads were misleading as they failed to illustrate the risks of gold investments. The ASA upheld the complaint.

Failure to prevent fraud—Statutory guidance

Corporate Crime analysis: Following a wait of nearly 12 months since the failure to prevent fraud (FTPF) offence was enacted, the government has now issued the statutory guidance on the procedures which companies are expected to implement for the purpose of preventing the relevant underlying fraudulent conduct by persons associated with them and, where such conduct occurs, providing a potential defence to the offence . Written by John Binns and Alexander Gorst at BCL Solicitors LLP.