Womble Bond Dickinson

This Practice Note is a guide to the implementation of sustainable procurement under Directive 2014/24/EU. It identifies the main ways in which this can be achieved, such as the application of labels to technical specifications and sustainability assessments during selection and award. It also considers the use of performance requirements as a way to include environmental and social considerations.

This Practice Note discusses the automatic suspension regime under the Public Contracts Regulations 2015, SI 2015/102, reg 95. It explains the effect of the provisions, how the automatic suspension can be lifted and the factors to be considered in determining whether or not such an application should be granted.

This Practice Note looks at good practice in market engagement including management of the engagement process for procurements governed by public procurement rules. It outlines the rules in this area under the Public Contracts Regulations 2015.

Preliminary market consultation (PMC) can be used to consult prospective contractors in advance of the public procurement process. This Practice Note highlights the different types of PMC that can be used in conjunction with public procurement principles. It identifies the benefits of this process and also the potential risks in terms of distorting competition.

This Practice Note outlines the current regime for public procurement remedies governed by the Public Contracts Regulations 2015, SI 2015/102. It discusses the standstill period and contract award information, the automatic suspension of the contract award procedure which applies where proceedings are brought against a contracting authority, and ineffectiveness orders. It also signposts to content on damages in public procurement.

This Practice Note explains the requirement imposed upon a contracting authority when it reaches its decision on the award of a public contract subject to the Public Contracts Regulations 2015 (PCR 2015), to adhere to a standstill period before entering into the formal legal contract. The purpose of the standstill period is to allow unsuccessful tenderers the opportunity to seek further information from the contracting authority and consider whether their rights have been prejudiced during the tender process.

This Practice Note summarises the scope for challenge and the time limits for starting proceedings in a public procurement challenge. It identifies the key provisions under the Public Contacts Regulations 2015 and explains the relevant time frame for commencing a challenge for each provision.