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:

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

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Latest Local Government News

Cabinet Office updates PPNs on data protection and payment spot checks

The Cabinet Office has added two new Procurement Policy Notes (PPNs) to the suite of PPNs republished in conjunction with the Procurement Act 2023 (PA 2023) go-live—PPN 020: Guidance on data protection legislation and PPN 021: Payment Spot Checks in Public Sub-Contracts. PPN 020: Guidance on data protection legislation provides updated guidance on relevant data protection requirements under the UK GDPR and the UK International Data Transfer Agreement (IDTA) governing the export of personal data from the UK. PPN 020 applies with immediate effect. It replaces PPN 03/22 which contained streamlined guidance and updated model clauses to take account of the UK’s exit from the EU. It also includes guidance on international transfers of personal data. PPN 020 does not constitute a change in policy, but in-scope organisations should circulate and adhere to the guidance and use the updated model clauses at Annex A for new contracts. PPN 021: Payment Spot Checks in Public Sub-Contracts provides guidance and templates for contracting authorities to spot check public contract supply chains to ensure suppliers meet the payment terms set out in PA 2023. PPN 021 includes additional guidance on how in-scope organisations should conduct spot checks to ensure the correct payment terms are being included and adhered to by suppliers, plus model terms at Annex A which support spot checks being carried out. PPN 021 applies from 1 October 2025. Both PPNs apply to all central government departments, their executive agencies and non-departmental public bodies.

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