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. 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 other public

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

LGSCO proposes expanded powers to enhance public service oversight

The Local Government and Social Care Ombudsman (LGSCO) has published its Triennial review, outlining four key recommendations to improve public services and enhance its investigative capabilities. The proposals include expanding the LGSCO's remit to investigate education, health and care plan implementation in schools, mandating signposting to the LGSCO by independent adult social care providers, updating its jurisdiction to encompass emerging local government services and establishing a statutory duty to monitor compliance with the forthcoming complaint handling code. These recommendations aim to address accountability gaps and modernise the Ombudsman's service in response to increasing case complexity, particularly in areas such as Special Educational Needs and Disabilities (SEND), adult social care and homelessness.

DHSC opens consultation on tackling modern slavery in NHS procurement

The Department of Health and Social Care (DHSC) has launched a consultation on proposed regulations and guidance aimed at combating modern slavery in NHS procurement. The draft National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2024 seek to ensure that NHS supply chains and business activities are free from ethical and labour standards abuses. The consultation invites views from public bodies, suppliers and the public on various aspects, including implementation strategies, impact assessment, risk management in procurement frameworks and support mechanisms for public bodies to fulfil these new duties. This initiative aligns with the government's stance that the NHS has a crucial role in addressing modern slavery through its procurement practices. The consultation closes 13 February 2025.

DLUHC launches consultation on Right to Buy reforms to protect social housing

The Department for Levelling Up, Housing and Communities (DLUHC) has launched an eight week consultation on proposed reforms to the Right to Buy scheme. Key measures under consideration include extending the minimum tenancy period for eligibility, exempting newly built social homes from the scheme and introducing targets for councils to replace sold stock. The government has already reduced maximum Right to Buy discounts to £16,000 - £38,000 and increased the cost floor protection period to 30 years. Councils can now retain all receipts from sales and the scheme will not be extended to housing associations. These reforms aim to create a more sustainable Right to Buy programme while protecting and increasing social housing stock amidst unprecedented housing pressures.

HOS publishes report focused on severe maladministration in ASB cases

The Housing Ombudsman Service (HOS) has published a 'learning from severe maladministration' report focusing on Anti-Social Behaviour (ASB) cases in social housing. The report identifies five key areas where landlords consistently fail they include action plans, risk assessments, inter-agency cooperation, hate crime response and communication/complaint handling. Highlighting distressing cases involving domestic abuse and firearms threats, the Ombudsman emphasises the complex role social landlords play beyond property management. The report names ten social housing providers and raises concerns about the effectiveness of multiagency working, resource allocation, and approaches to complex cases. The Ombudsman stresses the need for improved policies, procedures and proactive measures to address these critical failings in ASB management.

View Local Government by content type :

News