Deborah Ramshaw

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

This Practice Note addresses protecting confidential information in relation to a public procurement process. This includes protecting information, disclosure obligations, legal protections, duty of confidence, confidentiality breach, and the circumstances to consider in an application for disclosure.

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 grounds for using the negotiated procedure without a notice which are set out in regulation 32 of the Public Contracts Regulations 2015. Specifically, it covers the absence of tenders ground, the one possible provider ground, the extreme urgency ground, the R&D ground, the incompatibility ground, the commodity market ground, the fire sale ground, the design contest ground and the repetition of works or services ground in detail.

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 procurement challenge. It identifies the key sections under the Public Contacts Regulations 2015 and explains the relevant time frame for commencing challenge for each provision.

This Practice Note provides an introduction into the difference between the selection and award criteria, which is used by contracting authorities when procuring public contracts subject to the Public Contracts Regulations 2015. There is a focus on the award criteria, in particular the more commonly used ‘most economically advantageous tender’ (MEAT). This Practice Note also provides an overview of scoring and evaluation criteria. It also explains the general procurement principles and potential outcomes of incorrectly evaluated bids.