Contract award and challenges

This subtopic considers matters that a contracting authority conducting a public procurement exercise will need to address once it reaches its decision on contract award, with particular focus on public procurement procedures under the Public Contracts Regulations 2015, SI 2015/102. It also examines some of the issues the parties may encounter after a contract has been awarded, for instance in the event of a subsequent modification to the contract, or a legal challenge.

Brexit, and public procurement reform

The current UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement [Archived]. For updates on reform of UK public procurement law see Practice Note: Public procurement reform

Public procurement law

The domestic public procurement regime rests on a series of sets of regulations, which implemented a series of EU public procurement directives in England, Wales and Northern Ireland, as follows:

•
The PCR 2015, SI 2015/102 address contracts awarded by central government, local authorities and

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 Local Government News

Welsh Government publishes guidance on KPIs under Procurement Act 2023

The Welsh Government has published technical guidance on key performance indicators (KPIs) as mandated by the Procurement Act 2023 and the Procurement (Wales) Regulations 2024, SI 2024/782. This guidance outlines the new legal requirements for Welsh contracting authorities to set, publish, and assess at least three KPIs for public contracts valued over £5m. It defines KPIs, provides an overview of the legal framework governing their use, and specifies the requirement to assess supplier performance against these indicators annually. The guidance also introduces a standardised rating system for performance assessment, clarifies the publication requirements for KPI-related information in various procurement notices, and highlights the potential consequences of poor performance, including new discretionary exclusion grounds.

GCF introduces new Procurement Specific Questionnaire

The Government Commercial Function (GCF) has unveiled a new Procurement Specific Questionnaire as part of its Procurement Pathway service. This questionnaire is designed to replace the Standard Selection Questionnaire previously used under the Public Contracts Regulations 2015 (PCR). The new tool aims to streamline the procurement process by enabling contracting authorities to obtain core supplier information from a central digital platform, along with additional exclusions, debarment information, and details relating to conditions of participation. The questionnaire is applicable across various stages of the procurement process, including business need definition, finalising and publishing procurement packs, supplier engagement, selection and clarification and due diligence. This development represents a significant update to the UK's procurement procedures, potentially simplifying and enhancing the efficiency of the supplier selection process.

Court of Appeal confirms the considerations and requirements for re-determination of a previously quashed approval of a DCO (Save Stonehenge World Heritage Site v Secretary of State for Transport)

Planning analysis: In Save Stonehenge World Heritage Site v Secretary of State for Transport, the court had to consider whether the process of redetermining a development consent order (DCO) previously quashed by the court had been conducted fairly and properly. It confirmed that public decision making involved in the DCO procedure is not a form of litigation. As such, the statutory process and common law principles of procedural fairness do not dictate that issues must always be considered by an inquisitorial process. Where there is not a statutory requirement for an inquisitorial process (such as on redetermined DCOs), claimants need to demonstrate that there was a particular need for evidence to be interrogated such as between independent experts on the issues under further consideration. Moreover, for claimants to prove procedural unfairness they must show that they have suffered material prejudice. Neither were established in this case.

Government responds to consultation on changes to regulations relating to the CQC

The Department of Health and Social Care (DHSC) has publishes the consultation outcome on proposed amendments to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936. The primary outcome is the decision to remove the regulations' expiry date of 31 March 2025 and institute a five-year review cycle. Responses to other suggestions in the consultation were broadly positive however DHSC has concluded that there needs to be more consideration before implementing these proposed changes through legislation.

View Local Government by content type :

News