RESTRICTED  
  
GPA/ACC/GBR/2  
 
5 June 2018  
(18-3434) Page: 1/31 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE UNI TED KINGDOM TO THE A GREEMENT ON GOVERNME NT 
PROCUREMENT IN ITS O WN RIGHT  
REPLIES TO THE CHECK LIST OF ISSUES FOR P ROVISION OF INFORMAT ION  
RELATING TO ACCESSIO N TO THE REVISED AGR EEMENT  
ON GOVERNMENT PROCUR EMENT  
The following document from the United Kingdom, dated 1 June 2018, is being circulated at the 
request of the Delegation of the European Union.  
 
_______________  
 
 
1  LEGAL FRAMEWORK  
1.1.  Is there a single central law on procurement? If so, please specify?  
The legal regime that regulates public procurement in the UK is set out in six sets of secondary 
legislation (referred to in the UK as Regulations).  These Regulations were made under Section 2(2) 
of the European Communities Act 1972 and transpose into UK law the European Union ( EU)'s 
public procurement Directives 2014/24/EU on public contracts, 2014/25/EU on utilities contracts, 
2014/23/EU on concession contracts and 89/665/EC and 92/13/EC on review procedures.  
 
In a referendum held in June 2016, the people of the United Kingdom voted to leave the EU and 
the UK provided notification to the EU under Article 50 of the Treaty on European Union of its 
intention to withdraw from the EU.  This process began the UK 's formal negotiations and gives 
effect to the UK 's withdrawal as a matter of EU law . The precise terms of withdrawal of the UK 
from the EU are subject to ongoing discussions; the terms of an implementation period were 
agreed at March 2018 European Council. The UK 's overall approach is to ensure the same rules 
and laws will apply after th e UK leaves the EU as they did before, to provide continuity and 
certainty.  The Regulations which regulate procurement in the UK will remain in force and will not 
be substantially amended as a result of the UK 's withdrawal from the EU.  
 
For England, Wales and Northern Ireland, the laws which regulate procurement are The Public 
Contracts Regulations 2015 as amended1 (PCR 2015 ), The Utilities Contracts Regulations 2016 as 
amended2 (UCR 2016 ) and The Concession Contracts Regulations 2016 ( CCR 2016 ). These thre e 
Regulations do not extend to Scotland, other than specific provisions in the PCR 2015 which make 
amendments to domestic laws regulating defence and security procurement. For Scotland, the 
relevant laws are The Public Contracts (Scotland) Regulations 2015  as amended3 (PCSR 2015 ), 
The Utilities Contracts (Scotla nd) Regulations 2016 as amended4 (UCSR 2016 ) and The 
                                                
1 Amended by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015, The Public 
Procurement (Amendments, Repeals and Revocations) Regulations 2016, The Electronic Identification and 
Trust Services for Electronic Transactions Regulations 2016, The Financial Services and Markets Act 2000 
(Markets in Financial Instruments) Regulations 2017 and The Tax Collection and Management (Wales) Act 2016 
(Consequential and Supplemental Provisions) Regulations 2018.  
2 Amended by  The Electronic Identification and Trust Services for Electronic Transactions Regulations 
2016.  
3 Amended by The Public Contracts (Scotland) Amendment Regulations 2016, The Electronic 
Identification and Trust Services for Electronic Transactions Regulation s 2016 and The First -tier Tribunal for 
Scotland (Transfer of Functions of the Private Rented Housing Panel) Regulations 2016.  
4 Amended by The Electronic Identification and Trust Services for Electronic Transactions Regulations 
2016.  GPA/ACC/GBR/2  
 
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  Concession Contracts (Scotla nd) Regulations 2016 as amended5 (CCSR 2016 ). Links to all six sets 
of Regulations are listed in Annex A.  
 
1.2.  What are th e other laws, regulations, decrees, administrative rulings, decisions, 
policy guidelines and other instruments governing government procurement? Please 
provide a summary of the subject areas dealt with by each of these instruments. Please 
also explain the main differences (if any) that exist between their application at the 
central and sub -central levels of government and at other types of procuring entities.  
Other laws – general  
 
There are several additional laws in the UK governing public procurement.  
 
1. Public Services (Social Value) Act 2015 requires contracting authorities, before 
carrying out procurements for public services contracts which are subject to the PCR 
2015, to consider how what is proposed to be procured might improve the economic, 
social and environmental well -being of the relevant area, and how, in conducting the 
process of procurement, they might act with a view to securing that improvement.  
 
2. The Procurement Reform (Scotland) Act 2014 and the Procurement (Scotland) 
Regulations 2016 i mpose two additional duties on contracting authorities in respect of 
procurements which are subject to the PCSR 2015.  The sustainable procurement duty 
is a duty, before carrying out the procurement, to consider how in conducting the 
procurement process the  contracting authority can improve the economic, social and 
environmental wellbeing of its area, facilitate the involvement of SMEs, third sector 
bodies and supported businesses, and promote innovation and, in carrying out the 
procurement, to act with a vi ew to securing such improvements to the economic social 
and environmental wellbeing of its area as it has identified. The community benefits 
duty is a duty on the contracting authority, before carrying out a procurement process 
for a contract worth at leas t £4m, to consider whether to impose community benefit 
requirements and, where it does so, this must be detailed in the call for competition 
and award notice or, where it does not, it must include in the call for competition a 
statement of its reasons for this. 
 
3. The Equality Act 2010 requires public authorities to comply with the public sector 
equality duty in the exercise of its functions (which include public procurement 
functions). The public sector equality duty is a duty to have due regard to the need to:  
eliminate discrimination, harassment, victimisation and any other conduct that is 
prohibited by or under the Act; advance equality of opportunity between persons who 
share a relevant protected characteristic and persons who do not share it; and fo ster 
good relations between persons who share a relevant protected characteristic and 
persons who do not share it. Section 155(2) of the Act confers a power for the 
Secretary of State to impose certain duties in connection with the Act specifically by 
reference to authorities covered by Directive 2014/24 in connection with functions 
that are regulated by that Directive.  This power has been exercised in the Equality Act 
2010 (Specific Duties) (Scotland) Amendment Regulations 2012, which require a listed 
authority that is a contracting authority for the purposes of the PCSR 2015 to have 
regard to whether certain award criteria and conditions relating to the performance of 
a relevant contract should include considerations that are relevant for the purposes of 
enabling the listed authority to better perform the equality duty.  
 
4. Section 39 of the Small Business Enterprise and Employment Act 2015 gives the 
Minister for the Cabinet Office the power to implement regulations imposing duties on 
contracting author ities other than those whose functions are wholly or mainly 
devolved to the Scottish, Welsh or Northern Irish administrations in relation to 
procurement matters. No such regulations have been made.  Section 40 of the Act also 
requires such contracting autho rities to co -operate with any investigation of their 
procurement practises carried out on behalf of Minister for the Cabinet Office.  
 
                                                
5 Amended by The Conce ssion Contracts (Scotland) Amendment Regulations 2016 and The Electronic 
Identification and Trust Services for Electronic Transactions Regulations 2016.  GPA/ACC/GBR/2  
 
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  5. Article 6 of the Energy Efficiency Directive (an EU Directive) requires central 
government departments to purchase high ly energy efficient products, services and 
buildings. This is a qualified duty and does not apply where this is not cost effective or 
does not allow effective competition. There is also a requirement to encourage other 
public bodies including local and reg ional government to follow the example of central 
government.  
 
Other laws – applicable to local authorities  
 
There are three additional laws in the UK which regulate public procurement by local authorities.  
 
1. Section 135 of the Local Government Act 1972 requires local authorities to make their 
own standing orders (i.e. internal rules) with respect to the making of contracts for 
the supply of goods or materials or the execution of works and empowers them to do 
so for all contracts.   
 
2. Section 22(1) of th e Local Government Act 1988 states that local authorities and 
various other public bodies of a local and specialist nature which maintain an approved 
list of persons approved for or interested in public suppliers, services or works 
contracts cannot require  a person to pay any sum as a condition of inclusion (or 
continued inclusion) in the list, or of being considered for inclusion.  
 
3. The Local Government (Transparency Requirements) (England) Regulations 2015 
requires certain information, including inform ation about public contracts to be 
published in a specific manner and form and on the occasions specified.  
 
Other laws – sector specific  
 
There are several other laws in the UK which apply to public procurement in specific sectors, 
namely defence and nati onal security procurement and health services procurement. Neither of 
these sectors are within the UK 's coverage offer for the GPA so they are not described here.  
 
There is only one sector specific law which falls within the UK 's coverage offer for the GPA . Section 
89 of the Transport Act 1985 requires tendering when an authority responsible for expenditure on 
public passenger transport services provides a subsidy for another party to provide those services. 
The authority must invite tenders for the service s in such manner as the authority considers 
appropriate to inform those who might be interested, and from anyone giving a written notice of 
their interest and must determine which, if any, tenders to select with regard in particular to a 
combination of eco nomy, efficiency and effectiveness and the reduction or limitation of traffic 
congestion, noise or air pollution.  
 
Policy guidelines  
 
The UK government provides domestic guidance, including statutory guidance, on best practice for 
public sector procurement  in England, Wales and Northern Ireland in the form of Procurement 
Policy Notes, copies of which are available on  https://www.gov.uk/ . The Scottish government also 
provides domestic guidance in the form of Scottish Procu rement Policy Notes, copies of which are 
available on http://www.gov.scot . The Procurement Policy Notes and Scottish Procurement Policy 
Notes are not legally binding, unless they are statutory guidance, and state which p ublic sector 
bodies they apply to in each instance.  
 
The Scottish Government has also published statutory guidance under the terms of the 
Procurement Reform (Scotland) Act 2014, which contracting authorities must have regard to. This 
is available on http://www.gov.scot . 
 GPA/ACC/GBR/2  
 
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  Administrative rulings  
 
Claims for breach of UK laws relating to public procurement are brought in the High Court in 
England, Wales and Northern Ireland6 or the Sheriff Court or Court of Session in Sc otland.7 Rulings 
of these courts are legally binding.  
 
1.3.  To what extent will the provisions of the Agreement be applied directly or need to 
be transposed into the relevant law? In the event of direct application of the Agreement 
over conflicting provisions o f domestic law, please indicate the relevant legal basis.  
The provisions of the GPA do not apply directly in the UK and have been transposed into UK law 
since they came into force on 1 January 1996. The six main Regulations described in section 1.1 
above e xpressly state that obligations on contracting authorities and contracting entities to comply 
with the regulations are duties owed to economic operators from GPA states in procurements to 
which the GPA applies.8 This means that, where the GPA applies, economic operators from GPA 
states have enforceable rights in UK law.  
 
When the UK becomes an independent party of the GPA, amendments will be required to the UK 
Regulations to implement the GPA as an independent party. The Trade Bill, which is available o n 
the UK Parliament 's website, contains a power at clause 1 for any Minister of the Crown or 
devolved administration to make regulations for the purpose of implementing the GPA. The Bill will 
also provide the UK with a power to keep its laws up to date wit h any new accessions to and 
withdrawals from the GPA.  
 
2  SCOPE AND COVERAGE  
2.1.  Please summarize the organization of the government in your country at each level.  
Central government  
 
The Prime Minister leads the government with the support of the Cabinet and min isters. The 
government 's parliamentary representatives are chosen by a general election and these people 
collectively make decisions in the House of Commons through a voting system. The most recent 
general election took place on 8 June 2017.  
 
The Fixed -term Parliaments Act 2011 sets the interval between general elections at five years. At 
the end of this time a new House of Commons must be elected.  
 
However, there are two provisions that trigger an election other than at five year intervals:  
 
 a motion of n o confidence is passed in Her Majesty's Government by a simple majority 
and 14 days elapses without the House passing a confidence motion in any new 
Government formed; and  
 a motion for a general election is agreed by two thirds of the total number of seats  in the 
Commons including vacant seats (currently 434 out of 650).  
The general election is an opportunity for UK citizens to vote for their Member of Parliament who is 
the person who will represent their local area (constituency) in the House of Commons fo r up to 
five years. The next election is due to be held in 2022.  
 
The Cabinet is made up of the senior members of government. Every week during Parliament, 
members of the Cabinet (Secretaries of State from all departments and some other ministers) 
meet to discuss the most important issues for the government.  
                                                
6 See Regulation 91 of the PCR 2015, Regulation 106 of the UCR 2016 and Regulation 52 of the 
CCR 2016.  
7 See Regulation 88 of the PCSR 2015, Regulation 101 of the UCSR 201 6 and Regulation 52 of the 
CCSR  2016.  
8 See Regulation 90(1) of the PCR 2015, Regulation 105(1) of the UCR 2016, Regulation 51(1) of the 
CCR 2016, Regulation 87(2) of the PCSR 2015, Regula tion 100(1) of the UCSR 2016 and Regulation 51(2) of 
the CCSR 2016.  GPA/ACC/GBR/2  
 
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  Ministers are chosen by the Prime Minister from the members of the House of Commons and 
House of Lords. The House of Lords is the second chamber of the UK Parliament.  
 
The United Kingdom is divided into  650 parliamentary constituencies, each of which is represented 
by one Member of Parliament in the House of Commons.  
 
The constituency breakdown across the UK is as follows:  
 
 533 constituencies in England;  
 59 in Scotland;  
 40 in Wales and  
 18 in Northern Ire land. 
There are a range of different types of central government entities in the UK. The principal ones 
are as follows:  
 
Ministerial departments: these are government departments with their own minister.  
 
Non-ministerial departments: these are government d epartments in their own right but do not 
have their own minister.  They are accountable to Parliament through their sponsoring ministers.  
 
Non-departmental public bodies: these are bodies which have a role in the processes of national 
government, but they a re not government departments nor are they part of them and, 
accordingly, they operate to a greater or lesser extent at arm 's length from ministers. Non -
departmental public bodies have different roles, including those that advise ministers and others 
which  carry out executive or regulatory functions, and they work within a strategic framework set 
by ministers.  
 
Executive agencies: these are clearly designated units of a central government department. They 
are administratively distinct from the department bu t they do not have separate legal personality 
and they remain legally part of the department.  They have a clear focus on delivering specific 
outputs within a framework of accountability to ministers.  
 
Public corporations/trading funds: public corporations are bodies which are market bodies (i.e. 
they derive more than 50% of their production costs from the sale of goods or services at market 
prices) which are controlled by government but they have substantial day to day operating 
independence so they are sep arate from their parent departments.  Trading funds are used where 
activities of a government department generate income from the supply of goods and services. 
Most trading funds are classified as public corporations.  
 
Devolution  
 
The UK Parliament has devo lved certain political and administrative powers to devolved 
legislatures in Scotland, Wales and Northern Ireland.  In September 1997, referendums were held 
in Scotland and Wales, and a majority of voters chose to establish a Scottish Parliament and a 
Natio nal Assembly for Wales. In Northern Ireland, devolution was a key part of the Belfast (Good 
Friday) Agreement supported by voters in a referendum in May 1998.  The UK Parliament passed 
three devolution Acts: the Scotland Act 1998; the Northern Ireland Act 1 998; and the Government 
of Wales Act 1998 (which was later effectively superseded by the Government of Wales Act 2006). 
These acts established the three devolved legislatures, which were given some powers previously 
held by the UK Parliament. Further power s have been devolved since these original Acts, most 
recently through the Scotland Act 2016 and Wales Act 2017.  
 
The UK Parliament remains sovereign, and retains the power to amend the devolution Acts or to 
legislate on anything that has been devolved. The  Government has made clear it will not normally 
legislate on a devolved matter without the consent of the devolved legislature.  
 
One of the main differences between Parliament and the devolved legislatures is in the way 
members are elected. Whilst all Members of Parliament are elected using first -past-the-post, GPA/ACC/GBR/2  
 
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  elections to the devolved legislatures involve an element of proportional representation.  Members 
of the Scottish Parliament and the National Assembly for Wales are elected to represent either a 
constituency using first -past-the-post, or a region on the additional member system, which uses 
the d 'Hondt model of proportional representation. Members elected in different ways have equal 
roles in these two legislatures.  All members of the Northern Irel and Assembly are elected on the 
single transferable vote form of proportional representation.  
 
In a similar way to how the UK Government is formed from members from the two Houses of 
Parliament, members of the devolved legislatures nominate ministers from among themselves to 
comprise an executive, known as the devolved administrations, as follows:  
 
 the Scottish Government is a minority government comprised of the Scottish National 
Party;  
 the Welsh Government is a minority government formed by the Labour Par ty; and  
 the Northern Ireland Executive is formed of a power -sharing executive, as established in 
the Northern Ireland Act 1998. Since January 2017, there has been no power -sharing 
Executive in place. Talks to restore power -sharing in Northern Ireland conti nue. 
Officials in the devolved administrations do not serve the same ministers as HM Government; that 
is they do not work to the Prime Minister or to Secretaries of State who form the Cabinet, but to 
their own ministers with their own political priorities and mandates.  
 
Within the UK Government, Scotland, Wales and Northern Ireland are each represented in Cabinet 
by a territorial Secretary of State, who ensures the smooth running of the devolution settlements 
and acts as the lynchpin of the relationship bet ween the devolved administration and Government.  
 
The responsibilities of the territorial Secretaries of State are:  
 
 handling legislation as it affects the territory;  
 representing the territory 's interests in Cabinet and Cabinet committees;  
 responding to parliamentary interests in territorial affairs;  
 transmitting the block grant to the devolved administration;  
 supporting collaboration between HM Government and the devolved administration; and  
 promoting the interests of the territory.  
Each devolved territo ry has its own department, responsible for liaising between the UK 
Government and the relevant territory.  
 
The Memorandum of Understanding (MoU) between the UK Government and the devolved 
administrations in Scotland, Wales and Northern Ireland was first a greed in 2001 and most 
recently updated in October 2013. It sets out the principles which support relations between these 
administrations. The MoU puts emphasis on the principles of good communication, consultation 
and cooperation.  
 
Concordats between the Government and the devolved administrations recognise the interest of 
the latter in aspects of international and EU relations, matters which remain the responsibility of 
UK Government, and set out working arrangements to deal with them. A large number of f urther 
concordats have been agreed between UK departments and the devolved administrations.  
 
Local government  
 
The sub -central level of UK government consists of local government. The number of local 
authorities across the UK are: 353 in England, 22 in Wales, 32 in Scotland and 11 in Northern 
Ireland.  GPA/ACC/GBR/2  
 
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  Local government in England operates under four different arran gements. Firstly, non -
metropolitan counties/districts operate a two tier system, with county councils responsible for 
waste management, education, libraries, social services, transport, strategic planning, consumer 
protection, police, fire, and district co uncils responsible for housing, waste collection, council tax 
collection, local planning, licensing, cemeteries and crematoria.  Secondly, unitary authorities 
operate a single tier system, with responsibility for all local government services. Thirdly, seve ral 
areas in the UK are designated as metropolitan counties, which are administered by metropolitan 
district councils, with the same responsibilities as district councils.  Finally, London is divided into 
33 local authorities, 32 of which are London borough s, each of which is governed by a London 
borough council, and the 33rd is the City of London.  London borough councils are responsible for 
providing the majority of local government services.  
 
In both Wales and Scotland there is a single tier system of loc al government providing all local 
government services.  
 
In Northern Ireland there are elected local borough, city and district councils which provide 
services such as waste disposal, street cleaning and recreation; however the majority of services 
are the responsibility of other organisations.  
 
2.2.  Please list all central government entities (ministries, departments, agencies, etc.) 
procuring goods, services and construction services.  
As described in section 2.1 above, there are a range of different types of ce ntral government 
entities in the UK. UK public procurement legislation applies to central government entities, but 
the precise rules which apply will depend on the nature of the body.  
 
In the UK, the PCR 2015 and PCSR 2015 apply to "contracting authorities " which covers the State, 
regional or local authorities, bodies governed by public law or associations formed by one or more 
such authorities or one or more such bodies governed by public law, and includes central 
government authorities, but does not inclu de Her Majesty in her private capacity.  "Central 
government authorities " are defined as meaning the Crown and all the bodies listed in Schedule 1 
of the PCR 2015 (whether or not they perform their functions on behalf of the Crown) and, in 
Scotland, all the  bodies listed in Schedule 1 of the PCSR 2015.  In respect of both lists, where such 
authority is succeeded by another authority which is itself a contracting authority, the successor 
body is deemed to be included in the list.  
 
Certain types of central gove rnment entities are "central government contracting authorities ", 
either because they are part of the Crown and/or because they are listed in the legislation or have 
succeeded a body which is listed.  For example, this includes ministerial departments, non -
ministerial departments, executive agencies and trading funds.  Other types of central government 
entities are not "central government contracting authorities " but they are still "contracting 
authorities ". For example, this includes most non -departmental public bodies as these bodies are 
not part of the Crown due to their arm 's length relationship with government.  There are limited 
differences between the rules which apply to "central government contracting authorities " and all 
other "contracting authoriti es", as explained in section 2.5 below.  
 
2.3.  What entities at the sub -central level of government (states, provinces, 
municipalities, etc.) procure goods and services?  
At sub -central level of government in the UK, there are a wide range of entities which procu re 
goods and services.  These include the following categories:  
 
Categories:  
 
1. Unitary authorities;  
2. County councils;  
3. District councils;  
4. Metropolitan district councils;  
5. London boroughs;  
6. The City of London;  
7. Maintained schools (i.e. communi ty schools, foundation schools, trusts schools, 
voluntary aided schools, voluntary controlled schools);  GPA/ACC/GBR/2  
 
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  8. Universities and colleges financed for the most part by other contracting authorities;  
9. Research Councils;  
10. Fire and rescue authorities;  
11. NHS foundation trusts and other trusts;  
12. Police authorities;  
13. National special police forces (i.e. British Transport Police, Civil Nuclear Constabulary 
Ministry of Defence Police and National Police Air Service);  
14. Waste authorities;  
15. Park authorit ies; 
16. New Town Development Corporations;  
17. Registered Social Landlords;  
18. Registered Housing Associations;  
19. Private registered providers of social housing;  
20. Certain other bodies which are bodies governed by public law as defined in the PCR 
2015 and the PCSR 2015 (e.g. Design Council).  
 
Some entities are covered in the GPA coverage offer as sub -central entities where they are in fact 
listed above as central government entities (as explained in section 2.2 above). This is because 
they are central  government entities but they do not meet the definition of "central government 
contracting authorities " so they are treated as sub -central entities in UK procurement legislation 
and in the GPA. This is a feature of the UK 's current coverage under the GPA.  
 
2.4.  Which are the enterprises owned or controlled by the government that are subject 
to the rules on government procurement? Which are the other entities or categories of 
entities (Annex  3-type entities) owned and controlled by the government that engage in 
procurement? Please specify.  
The list contained in the UK schedule of commitments provides an indication of the types of bodies 
that are covered by the UK 's GPA offer.  
 
2.5.  Do procuring entities listed in response to questions 5, 6 and 7 apply in their 
procure ment the main law (if one exists), other legislation provided by the federal or 
central level of government or are they autonomous from federal or central government 
in their procurement rules and practices? Where any of these procuring entities are not 
subject to the main procurement law, please list the procuring entities concerned and 
indicate which laws, regulations, etc., they are subject to. How will your government 
ensure the implementation of the Agreement by such procuring entities below the 
centra l/federal government level?  
The PCR 2015 and the PCSR 2015 apply to central government contracting authorities  and to other 
contracting authorities with respect to public works, public services and public supply contracts. 
These laws apply to all entities covered by Annex I and Annex II of the draft UK schedules.  There 
are three differences in how these laws apply to other contracting authorities as opposed to central 
government contracting authorities.  
 
1. The thresholds above which procurements are fully re gulated are higher for entities other 
than central government authorities.  
2. Entities other than central government authorities can use a prior information notice (rather 
than a contract notice) as a call for competition in certain procedures.  
3. Entities oth er than central government authorities can set a time limit for the receipt of 
tenders by mutual agreement between the authority and all selected bidders in certain procedures, 
provided that all selected bidders have the same time to prepare and submit the ir tenders.  
The UCR 2016 and the UCSR 2016 apply to utilities operating in the water, energy, transport and 
postal services sectors (referred to as "contracting entities "). These laws apply to all entities 
covered by Annex III of the draft UK schedules.  
 
The CCR 2016 and the CCSR 2016 apply to contracting authorities and contracting entities covered 
by the PCR 2015, the PCSR 2015, the UCR 2016 and the UCSR 2016 with respect to works or GPA/ACC/GBR/2  
 
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  services concession contracts. These laws apply to all entities covered  by Annex I, Annex II and 
Annex III of the draft UK schedules.  
 
2.6.  Are there any general exceptions from the scope of application of the national 
procurement rules, for instance for essential national defence or security reasons? 
Please provide details.  
There  are general exclusions from the application of UK laws relating to public procurement as 
follows:  
 
1. Public works, services and supplies contracts and concession contracts for the 
provision or exploitation of public communications networks or the provisi on of 
electronic communications services.9 
 
2. Public works, services and supplies contracts and concession contracts where the 
contracting authority or utility is obliged to award the contract or the contract is fully 
financed by an international organisa tion or institution.10 
 
3. Specific public service contracts and concession contracts:  
 
(i) for the acquisition or rental of, or which concern interests in or rights over, land, 
existing buildings or immovable property;  
(ii) for the acquisition, development , production or co -production of programme 
material intended for audiovisual media services or radio media services, that 
are awarded by audiovisual or radio media service providers or broadcasting 
time or programme provision that are awarded to audiovisua l or radio media 
service providers;  
(iii) for arbitration or conciliation services;  
(iv) for legal representation of a client by a lawyer in arbitrations or conciliations or 
judicial proceedings before the courts, tribunals or public authorities or for leg al 
advice given in preparation of such proceedings or where there is a high 
likelihood the matter will become the subject of such proceedings;  
(v) document certification and authentication services which must be provided by 
notaries;  
(vi) legal services pr ovided by trustees or appointed guardians or other legal 
services the providers of which are designated by a court or tribunal or are 
designated by law to carry out specific tasks under the supervision of such 
tribunals or courts;  
(vii) other legal servic es which are connected with the exercise of official authority;  
(viii) financial services in connection with the issue, sale, purchase or transfer of 
securities or other financial instruments, central bank services or operations 
conducted with the European  Financial Stability Facility and the European 
Stability Mechanism;  
(ix) for loans;  
(x) which are employment contracts;  
(xi) for civil defence, civil protection, and danger prevention services that are 
provided by non -profit organisations or associations;  
(xii) for public passenger transport services by rail or metro;  
(xiii) for political campaign services when awarded by a political party in the context 
of an election campaign.11 
 
4. Public service contracts awarded by a contracting authority or utility to  another 
contracting authority or utility and concession contracts awarded by a contracting 
                                                
9 See Regulation 8 of the PCR 2015, Regulation 10(11) of the CCR 2016, Regulation 9 of the PCSR 2015 
and Regulation 13 of the CCSR 2016.  
10 See Regulation 9 of the PCR 2015, Regulations 10( 5) and 10(6) of the CCR 2016, Regulation 20 of 
the UCR 2016, Regulation 10 of the PCSR 2015, Regulation 10 of the CCSR 2016 and Regulation 19 of the 
UCSR 2016.  
11 See Regulation 10 of the PCR 2015, Regulation 10(11) of the CCR  2016, Regulation 21 of the 
UCR 2016, Regulation 11 of the PCSR 2015, Regulation 12 of the CCSR 201 6 and Regulation 20 of the 
UCSR  2016.  GPA/ACC/GBR/2  
 
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  authority or utility to another contracting authority or utility on the basis of an 
exclusive right.12 
 
5. Public works, services and supplies contracts and concessi on contracts between 
entities in the public sector where specific tests as to control and activities are met.13 
 
6. Public service contracts for research and development service unless the benefits 
accrue exclusively to the contracting authority or utility for use in the conduct of its 
own affairs and the service is wholly remunerated by the contracting authority.14 
 
7. Defence and sensitive security procurements by contracting authorities and 
contracting entities.15 
 
8. Concession contracts for air transport services based on the granting of an operating 
licence or public passenger transport services.16 
 
9. Concession contracts awarded to provide or operate fixed networks intended to 
provide a service to the public in connection with the production, transport o r 
distribution of drinking water, concession contracts awarded to supply drinking water 
to such networks and concession contracts for hydraulic engineering projects, 
irrigation or land drainage, provided that the volume of water to be used for the 
supply o f drinking water represents more than 20% of the total volume of water made 
available by such projects or irrigation or drainage installations, or the disposal or 
treatment of sewage.17 
 
10. Public works, services and supplies contracts and concession contr acts awarded by a 
utility or group of utilities to an affiliated undertaking or by an affiliated undertaking to 
a utility or group of utilities.18 
 
11. Public works, services and supplies contracts for utilities awarded for purposes of 
resale or lease to th ird parties, provided that the utility enjoys no special or exclusive 
right to sell or lease the subject -matter of such contracts, and other entities are free 
to sell or lease it under the same conditions as the utility.19 
 
12. Public works, services or sup plies contracts for utilities awarded for purposes other 
than the pursuit of specified activities or for the pursuit of such activities in a third 
country (i.e. a country other than the UK).20 
 
13. Public contracts for the purchase of water if awarded by ut ilities engaged in specific 
activities relating to drinking water or awarded by utilities which are active in the 
energy sector by engaging in specified activities for the supply of energy or fuels for 
the production of energy.21 
 
                                                
12 See Regulation 11 of the PCR 2015, Regulation 10(1) of the CCR  2016, Regulation 22 of the 
UCR 2016, Regulation 12 of the PCSR 2015, Regulation 9 of the CCSR 2016 and Regulation 21 of the 
UCSR  2016.  
13 See Regulation 12 of the PCR 2015, Regulation 17 of the CCR 2016, Regulation 28 of the UCR 2016, 
Regulation 13 of the PCSR 2015, Regulation 19 of the CCSR 2016 and Regulation 27 of the UCSR 2016.  
14 See Re gulation 14 of the PCR 2015, Regulation 32 of the UCR 2016, Regulation 15 of the PCSR 2015 
and Regulation 31 of the UCSR 2016.  
15 See Regulation 15 of the PCR 2015, Regulations 10(9) and 20(10) of the CCR 2016, Regulation 24 of 
the UCR 2016, Regulation 16 o f the PCSR 2015, Regulation 11 of the CCSR 2016 and Regulation 23 of the 
UCSR 2016.  
16 See Regulation 10(4) of the CCR 2016.  
17 See Regulation 12 of the CCR 2016 and Regulation 14 of the CCSR 2016.  
18 See Regulations 13 and 14 of the CCR 2016, Regulations 29 and 30 of the UCR 2016, Regulations 15 
and 16 of the CCSR 2016 and Regulations 28 and 29 of the UCSR 2016.  
19 See Regulation 18 of the UCR 2016 and Regulation 17 of the UCSR 2016.  
20 See Regulation 19 of the UCR 2016 and Regulation 18 of the UCSR 2016.  
21 See Regulation 23 of the UCR 2016 and Regulation 22 of the UCSR 2016.  GPA/ACC/GBR/2  
 
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  2.7.  Please provide available s tatistics on the procurement by government entities in 
your country in the last two years, including, to the extent available, a breakdown by 
procuring entity and by categories of goods and services.  
The Public Expenditure Statistical Analyses (PESA) are n ational statistics published yearly by the 
UK Treasury. PESA contains information about public spending using two Treasury -defined 
frameworks, described in the table below.  
 
Budgeting  Expenditure on services  
This framework provides information on central 
government departmental budgets, which are the 
aggregates used by the Government to plan and 
control expenditure. It covers departmental own 
spending as well as support to local government and 
public corporations.  This framework is used in PESA for statist ical analysis. 
It is based on National Accounts definitions and 
covers spending by the whole of the public sector. It 
therefore has wider coverage than the budgeting 
framework and is also more stable over time.  
 
Procurement is divided into two categories:  current and capital.  
 
Gross current procurement  shows expenditure on goods and services, including accommodation 
and building management, ICT outsourcing, maintenance and support, travel costs and payments 
for consultancy and audit services. It also inclu des the purchase of services from GPs.  
 
Gross capital procurement  comprises the acquisition of fixed assets (such as land, buildings and 
machinery). It is measured gross of depreciation. It includes the pay of civil servants engaged in 
in-house capital for mation that is recorded as capital expenditure, rather than as pay.  
 
For further information see the full publication: 
https://www.gov.uk/government/coll ections/public -expenditure -statistical -analyses -pesa. 
 
Tables 1 and 2 show current and capital procurement by central government departmental groups 
using the budgeting framework.  
 
Tables 3 and 4 show current and capital procurement by the public sector as  a whole (including 
local government procurement) using the expenditure framework. This is divided by function of 
government.  
Table 1: Gross current procurement in budgets, 2015 -2016 to 2016 -2017 
 £ million  
2015-16 2016-17 
outturn  outturn  
Gross current procurement in budgets      
Defence  11,223  11,029  
Single Intelligence Account  1,084  1,107  
Home Office  2,445  2,491  
Foreign and Commonwealth Office  542 592 
International Development  1,193  1,170  
NHS (Health)  60,359  65,952  
Work and Pensions  2,261  2,060  
Education  4,306  4,830  
Business, Energy and Industrial Strategy  2,255  2,030  
Transport  3,604  3,798  
Exiting the European Union  4 11 
Culture, Media and Sport  3,091  3,183  
DCLG Communities  310 312 
DCLG Local Government  - - 
Scotland  7,502  7,462  
Wales  3,566  3,854  
Northern Ireland  4,275  4,112  
Justice  4,465  4,847  
Law Officers' Departments  313 294 
Environment, Food and Rural Affairs  1,032  851 
HM Treasury  575 201 
HM Revenue & Customs  1,245  1,365  GPA/ACC/GBR/2  
 
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   £ million  
2015-16 2016-17 
outturn  outturn  
Gross current procurement in budgets      
Cabinet Office  317 284 
International Trade  211 203 
Small and Independent Bodies  713 661 
Total gross current procurement in budgets  116,892  122,698  
Source : PESA 2017, table 2.2  
https://www.gov.uk/government/statistics/public -expenditure -statistical -analyses -2017. 
Table 2: Gross capital procurement in budgets, 2015 -2016 to 2016 -2017 
  £ million  
2015-2016 2016-2017 
outturn  outturn  
Gross capital procurement in budgets      
Defence  9,015  8,813  
Single Intelligence Account  581 631 
Home Office  271 360 
Foreign and Commonwealth Office  134 104 
International Development  77 63 
NHS (Health)  5,089  4,727  
Work and Pensions  102 181 
Education  2,163  2,601  
Business, Innovation and Skills 3,171  3,157  
Transport  9,232  9,511  
Exiting the European Union  - - 
Culture, Media and Sport  383 487 
DCLG Communities  139 230 
DCLG Local Government  - - 
Scotland  1,113  1,213  
Wales  467 588 
Northern Ireland  786 1,052  
Justice  297 374 
Law Officers' Departments  3 14 
Environment, Food and Rural Affairs  191 240 
HM Treasury  3 4 
HM Revenue & Customs  229 328 
Cabinet Office  27 50 
International Trade  2 6 
Small and Independent Bodies  92 118 
Total gross capital procurement in budgets  33,566  34,850  
Source:  PESA 2017, table 2.3  
https://www.gov.uk/government/statistics/public -expenditure -statistical -analyses -2017. 
Table 3: Public sector gross current procurement expenditure on services by function, 
2015 -2016 to 2016 -2017 
 £ million  
2015-2016 2016-2017 
outturn  outturn  
Public sector gross current procurement expenditure 
on services    
1. General public services  12,082  12,369  
of which: public and common services  10,323  10,488  
of which: international services  1,759  1,881  
2. Defence  16,450  15,986  
3. Public order and safety  12,820  12,770  
4. Economic affairs  12,149  12,000  
of which: enterprise and economic development  2,431  2,148  
of which: science and technology  207 35 
of which: employment policies  1,269  1,265  
of which: agriculture, fisheries and forestry  815 773 GPA/ACC/GBR/2  
 
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   £ million  
2015-2016 2016-2017 
outturn  outturn  
Public sector gross current procurement expenditure 
on services    
of which: transport (1) 7,426  7,780  
5. Environment protection  7,706  7,661  
6. Housing and community amenities  2,651  2,726  
7. Health  80,511  86,024  
8. Recreation, culture and religion  6,734  6,496  
9. Education  24,054  25,190  
10. Social protection  32,765  32,311  
Total public sector gross current procurement 
expenditure on services  207,923  213,532  
(1) Following implementation of ESA2010, Network Rail is now classified to Central Government. 
Consequently Total Managed Expenditure (TME) includes Network Rail spending in all years 
shown, however the actual expenditure of Network Rail only appears in the De partment for 
Transport budget from 2015 -16. The functional analysis shown includes Network Rail 
spending from 2015 -16 and is therefore only included within 'Gross Current Procurement ' 
from that year.  
Source:  PESA 2017, table 5.5  
https://www.gov.uk/government/statistics/public -expenditure -statistical -analyses -2017. 
Table 4: Public sector capital procurement expenditure on services by function, 2015 -
2016 to 2016 -2017 
 £ million  
2015-2016 2016-2017 
outturn  outturn  
Public sector gross capital procurement expenditure 
on services      
1. General public services  2,393  3,789  
of which: public and common services  1,819  3,168  
of which: international services  574 621 
2. Defence  9,661  9,443  
3. Public order and safety  1,561  1,755  
4. Economic affairs  19,310  20,802  
of which: enterprise and economic development  606 1,094  
of which: science and technology  672 589 
of which: employment policies  25 62 
of which: agriculture, fisheries and forestry  358 397 
of which: transport (1) 17,648  18,660  
5. Environment protection  2,905  3,114  
6. Housing and community amenities  6,926  7,662  
7. Health  6,174  5,930  
8. Recreation, culture and religion  1,712  1,932  
9. Education  6,384  8,159  
10. Social protection  321 396 
Total public sector gross capital procurement 
expenditure on services  57,346  62,981  
(1) Following implementation of ESA2010, Network Rail is now classified to Central Government. 
Consequently Total Managed Expenditure (TME) includes Network Rail spending in all years 
shown, however the actual expenditure of Network Rail only appears in the De partment for 
Transport budget from 2015 -16. The functional analysis shown includes Network Rail 
spending from 2015 -16 and is therefore only included within 'Capital Procurement ' from that 
year. 
Source:  PESA 2017, table 5.6  
https://www.gov.uk/government/statistics/public -expenditure -statistical -analyses -2017. 
 GPA/ACC/GBR/2  
 
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  3  NON-DISCRIMINATION  
3.1.  Identify the specific provisions in the legislation which reflect the 
non-discr imination commitments of Article  IV:1-2 of the Agreement.  
Contracting authorities and contracting entities are required, in relation to covered procurements, 
to offer to the works, services, supplies and economic operators of GPA states treatment that is n o 
less favourable than the treatment accorded to the works, supplies, services and economic 
operators of the EU.22 
 
In addition, the general principles which apply to public procurement in the UK require contracting 
authorities and contracting entities to t reat economic operators equally and without discrimination 
and to act in a transparent and proportionate manner.23 
 
3.2.  Please provide details of any provisions in national legislation according domestic 
goods, services and suppliers treatment more favourable t han that accorded to foreign 
goods, services or suppliers or according goods, services or suppliers of any country 
more favourable treatment than those of any other country.  
There are no such provisions in UK legislation applicable to procurements c overed by the UK 's GPA 
offer.  
 
3.3.  Please provide details of any provisions in national legislation allowing a locally 
established supplier to be treated less favourably than another locally established 
supplier on the basis of its degree of foreign affiliation or ow nership or discriminating 
against locally established suppliers on the basis of the country of production of the 
good or service being supplied.  
UK legislation does not distinguish between national suppliers and foreign suppliers.  It does not 
discriminate on the basis of the country of establishment, foreign affiliation or ownership nor does 
it discriminate on the basis of the country of production of the goods or services being supplied.  
 
3.4.  Please specify to what extent, if at all, more favourable treatment is granted to any 
sectors of the economy, regions or specific categories of suppliers or goods/services.  
UK legislation requires that technical specifications are laid down in the procurement documents.24 
It also requires that they must afford equal access of economic operators to the procurement 
procedure and must not have the effect of creating unjustified obstacles to the opening up of 
public procurement to competition.25 
 
UK legislation says that technical specifications must not refer to a specific make or source, or a 
particular process which characterises the products or services provided by a specific economic 
operator, or to trade marks, patents, types or a specific origin or production with the effect of 
favouring or eliminating certain undertakings or certain products.26 There is a limited exception to 
this, which applies only on an exceptional basis, where a sufficiently precise and intelligible 
description of the subject -matter of the contract is not possible and, where this is the case, the 
referen ce must be accompanied by the words "or equivalent".27 
 
                                                
22 See Regulation 25 of the PCR 2015, Regulation 43 of the UCR 2016, Regulation 26 of the PCSR 2015 
and Regulation 41 of the UCSR 2016.  
23 See Regulation 18(1) of the PCR 2015, Regulation 8(1 ) of the CCR 2016, Regulation 36(1) of the UCR 
2016, Regulation 19(1) of the PCSR 2015, Regulation 28(1) of the CCSR 2016 and Regulation 34(1) of the 
UCSR 2016.  
24 See Regulation 42(1) of the PCR 2015, Regulation 60(1) of the UCR 2016, Regulation 43(1) of t he 
PCSR 2015 and Regulation 58(1) of the UCSR 2016.  
25 See Regulation 42(10) of the PCR 2015, Regulation 60(9) of the UCR 2016, Regulation 43(9) of the 
PCSR 2015 and Regulation 58(9) of the UCSR 2016.  
26 See Regulation 42(12) of the PCR 2015, Regulation 60(11) of the UCR 2016, Regulation 43(11) of the 
PCSR 2015 and Regulation 58(11) of the UCSR 2016.  
27 See Regulation 42(13) of the PCR 2015, Regulation 60(12) of the UCR 2016, Regulation 43(12) of the 
PCSR 2015 and Regulation 58(12) of the UCSR 2016.  GPA/ACC/GBR/2  
 
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  3.5.  Please specify any provisions requiring or allowing the use of offsets or measures 
with similar effect, such as domestic content, licensing of technology, investment, 
counter -trade or similar requireme nts in the qualification or selection of suppliers, 
goods or services or in the evaluation of tenders and award of contracts.  
There are no such provisions in UK legislation applicable to procurements covered by the UK 's GPA 
offer.  
 
4  AVOIDANCE OF CONFLIC TS OF INTEREST AND PREV ENTION OF CORRUPT PR ACTICES  
4.1.  Article IV:4(b) and (c) of the Agreement require procuring entities to conduct 
covered procurement in a transparent and impartial manner that "avoids conflicts of 
interest" and "prevents corrupt practices". P lease indicate the measures taken in your 
procurement system to ensure compliance with these provisions - whether under your 
procurement legislation or under related legislation.  
The UK has a long history of anti -corruption legislation.  The Bribery Act 201 0 replaced the Public 
Bodies Corrupt Practices Act 1889, the Prevention of Corruption Acts 1906 and 1916, and the 
common law offence of bribery. The Bribery Act 2010 has two general offences of bribery: active 
(the giving or promising of an advantage) and passive (the requesting or receiving of a bribe), the 
action of which is intended to induce or reward the improper performance of a function.  
 
In England and Wales, the Serious Fraud Office is the lead agency for investigating and 
prosecuting overseas corr uption for corporate entities. The Crown Prosecution Service prosecutes 
overseas and domestic bribery investigated by the police, with the comparable Crown Office and 
Procurator Fiscal Service tasked with prosecuting crime in Scotland.  
 
In the public secto r, the Civil Service Code states that Civil Servants must not, "accept gifts or 
hospitality or receive other benefits from anyone which might reasonably be seen to compromise 
your personal judgement or integrity ". The statutory basis for the Civil Service Code is in Part 1 of 
the Constitutional Reform and Governance Act 2010. Similarly, the Ministerial Code states that no 
minister should accept gifts, hospitality or services from anyone who would, or might appear to, 
place him or her under an obligation.  
 
The general principles which apply to public procurement significantly mitigate the risk of corrupt 
practices in procurements. UK procurement legislation requires contracting authorities and 
contracting entities to treat economic operators equally and with out discrimination and shall act in 
a transparent and proportionate manner.28 
 
In addition, the PCR 2015, UCR 2016, PCSR 2015 and UCSR 2016 require contracting authorities 
and contracting entities to take appropriate measures to effectively prevent, identif y and remedy 
conflicts of interest arising in the conduct of procurement procedures to avoid any distortion of 
competition and to ensure equal treatment of all economic operators.29 The CCR 2016 and the 
CCSR 2016 require contracting authorities and contract ing entities to take appropriate measures to 
combat fraud, favouritism and corruption and to effectively prevent, identify and remedy conflicts 
of interest arising in the conduct of concession contract award procedures to avoid any distortion 
of competitio n and to ensure the transparency of the award procedure and the equal treatment of 
all candidates and tenderers.30 In practice, in the case of conflict of interests in a procurement 
process, the relevant individual from the contracting authority or utility withdraws from their role 
in the procurement and is replaced with someone who does not have a conflict of interest.  
 
                                                
28 See Regulation 18(1) of the PCR 2015, Regulation 8(1) of the CCR 2016, Regulation 36(1) of the UCR 
2016, Regulation 19(1) of the PCSR 2015, Regulation 28(1) of the CCSR 2016 and Regulation 34(1) of the 
UCSR 2016.  
29 See Regulation 24 of the PCR 2015, Regulation  42 of the UCR 2016, Regulation 25 of the PCSR 2015 
and Regulation 40 of the UCSR 2016.  
30 See Regulation 35 of the CCR 2016.  GPA/ACC/GBR/2  
 
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  5  ELEMENTS SPECIFIC TO  PROCUREMENT PROCEDUR ES 
5.1.  Please provide a general description of your existing procurement methods and 
procedures, inclu ding the main  procurement methods used and a brief description of 
each method, and the extent to which qualification of suppliers and open, selective and 
limited tendering for each level of government is used.  
Public contracts and utilities contracts for w orks, services and supplies  
 
Contract award procedures are stipulated in PCR 2015, UCR 2016, PCSR 2015 and UCSR 2016 as 
follows:  
 
 open procedure;  
 restricted procedure;  
 competitive dialogue procedure;  
 competitive procedure with negotiation/the negotiated procedure;  
 negotiated procedure without prior publication;  
 innovation partnership procedure; and  
 light touch procedure.31 
The open procedure and the restricted procedure can be used by contracting authorities and 
contracting entities at their choice withou t the need to meet any requirements.  The open 
procedure is carried out in a single phase and any interested economic operator may submit a 
tender in response to a call for competition which sets out the contracting authority or contracting 
entity 's require ments. The contracting authority or contracting entity can include requirements for 
qualification in the notice.  The restricted procedure is a two stage process whereby any economic 
operator may submit a request to participate in response to a call for com petition. At the first 
stage, the call for competition must set out the requirements, the selection criteria, the minimum 
number of candidates planned to be invited to tender and, if necessary, the maximum number of 
candidates.  The contracting authority or  contracting entity carries out a pre -qualification of 
economic operators, selecting only the qualified candidates on the basis of the selection criteria.  At 
the second stage, the qualified candidates are invited to submit tenders which are evaluated on 
the basis of award criteria set out in the procurement documents.  
 
The competitive dialogue procedure and the negotiated procedure can be used for utilities 
contracts without restriction.  The competitive dialogue procedure and the competitive procedure 
with negotiation for public contracts for works, services or supplies can be used where the 
contracting authority 's needs cannot be met without adaptation, where they include design or 
innovative solutions, or where the contract cannot be awarded without prior negotiation.  
 
The competitive dialogue procedure is carried out in three stages. The first stage is the same as 
the first stage of the restricted procedure.  The contracting authority or contracting entity must set 
out in a call for competition its requirem ents, the selection criteria, the minimum number of 
candidates planned to be invited to tender and, if necessary, the maximum number of candidates.  
The second stage is the dialogue phase which is carried out with all selected candidates.  The aim 
of the dia logue is for the contracting authority or contracting entity to identify and define the 
means best suited to satisfying their needs.  All aspects of the procurement may be discussed with 
the candidates during this dialogue.  The dialogue can take place in su ccessive stages to reduce the 
number of solutions to be discussed during the dialogue by applying the award criteria.  At the third 
stage, the contracting authority or contracting entity declares the dialogue concluded and invites 
the remaining candidates t o submit final tenders. This stage is the same as the second stage of 
the restricted procedure.  
                                                
31 See Regulations 26 - 30 of the PCR 2015, Regulations 44 - 48 of the PCR 2016, Regulations 27 – 31 
of the PCRSR 2015 and Regulatio ns 42 – 46 of the UCSR 2016.  GPA/ACC/GBR/2  
 
- 17 - 
 
  The competitive procedure with negotiation / negotiated procedure is also a three stage process.  
The first stage is the same as the first stage of the restricte d procedure.  The contracting authority 
or contracting entity must set out in a call for competition its requirements, the selection criteria, 
the minimum number of candidates planned to be invited to tender and, if necessary, the 
maximum number of candidat es. At the second stage, qualified candidates are invited to submit 
initial tenders which are the basis for subsequent negotiations. The contracting authority or 
contracting entity can negotiate the initial tenders to improve their content and can undertak e the 
negotiation in successive stages in order to reduce the number of solutions to be discussed, 
including inviting subsequent tenders, which can also be negotiated.  The minimum requirements 
and award criteria cannot be subject to negotiation and equal treatment of all tenderers must be 
ensured.  At the third stage, the contracting authority or contracting entity informs the remaining 
tenderers that the negotiation is concluded and invites tenderers to submit new or revised tenders. 
This stage is the same  as the second stage of the restricted procedure.  
 
The negotiated procedure without prior publication can be used in limited circumstances: where no 
tenders, no suitable tenders, no requests to participate or no suitable requests to participate have 
been s ubmitted in response to an open procedure or a restricted procedure; where the works, 
supplies or services can be supplied only by a particular economic operator because the aim of the 
procurement is the creation or acquisition of a unique work of art or a rtistic performance, 
competition is absent for technical reasons or for the protection of exclusive rights, including 
intellectual property rights; or where, insofar as is strictly necessary, for reasons of extreme 
urgency brought about by events unforesee able by the contracting authority or the contracting 
entity, the time limits for the open or restricted procedures or competitive procedure with 
negotiation cannot be complied with.  For public supply contracts, the procedure may also be used: 
where the pro ducts involved are manufactured purely for the purpose of research, 
experimentation, study or development; for additional deliveries by the original supplier which are 
intended either as a partial replacement of supplies or installations or as the extensio n of existing 
supplies or installations where a change of supplier would oblige the contracting authority or 
contracting entity to acquire supplies having different technical characteristics which would result 
in incompatibility or disproportionate technic al difficulties in operation and maintenance; for 
supplies quoted and purchased on a commodity market; of for the purchase of supplies or services 
on particularly advantageous terms, from either a supplier which is definitively winding up its 
business acti vities, or the liquidator in an insolvency procedure, an arrangement with creditors, or 
a similar procedure under national laws or regulations.  The negotiated procedure without prior 
publication may be used for new works or services which are a repetition of similar works or 
services entrusted to the economic operator to which the same contracting authority or contracting 
entity awarded an original contract, as long as such works or services are in conformity with a 
basic project for which the original cont ract was awarded and the basic project indicated the 
extent of possible additional works or services and the conditions under which they will be 
awarded.  
 
The innovation partnership procedure is an alternative to the other procedures and can be used 
where the requirement is novel and innovative and allows contracting authorities and suppliers to 
work together through a partnership agreement to develop new products, works or services, 
where these are not already available on the market.  The innovation partne rship procedure can be 
undertake n in successive stages, the first stage of which is the same as the first stage of the 
restricted procedure.  The contracting authority or contracting entity must set out in a call for 
competition its need for an innovative p roduct, service or works and indicate which elements of 
the requirement define the minimum requirements, as well as the selection criteria to be applied. 
The second stage is similar to the second stage of the competitive procedure with negotiation / 
negoti ated procedure, whereby the contracting authority or contracting entity can negotiate with 
tenderers the initial and all subsequent tenders to improve their content. The innovation 
partnership can be set up with one partner or with several partners and mus t be structured in 
successive phases following the sequence of steps in the research and innovation process.  The 
innovation partnership must set intermediate targets to be attained by the partners and, based on 
those targets, the contracting authority or c ontracting entity may decide after each phase to 
terminate the innovation partnership or, in the case of an innovation partnership with several 
partners, reduce the number of partners by terminating individual contracts.  
 
The light touch procedure applies where a contracting authority or contracting entity intends to 
award a public contract for social and other specific services above a threshold of £615,278.  The 
requirement must be advertised in a call for competition.  The procedures to be applied can be GPA/ACC/GBR/2  
 
- 18 - 
 
  determined by the contracting authority or contracting entity, but be at least sufficient to ensure 
compliance with the principles of transparency and equal treatment of economic operators. The 
procedure must be conducted, and any resulting contract awarded , in conformity with the 
information contained in the notice about conditions for participation, time limits for contacting the 
contracting authority or contracting entity and the award procedure to be applied. There are 
exceptions to this where the failur e to confirm does not, in the particular circumstances, amount to 
a breach of the principles of transparency and equal treatment of economic operators, the 
contracting authority or contracting entity has  given due consideration to the matter and 
documented  that conclusion and the reasons for it and informed the candidates of the respects in 
which it intends to proceed in a way which is not in conformity with the information contained in 
the notice.  
In addition to these procedures, there are also specific m ethods for awarding contracts as follows:  
 
1. Design contests are applied to enable a contracting authority or contracting entity to 
acquire, mainly in the fields of town and country planning, architecture and 
engineering or data processing, a plan or desi gn selected by a jury after being put out 
to competition with or without the award of prizes.  
2. Electronic auctions are applied after an initial evaluation of tenders and during the 
auction, tenderers can revise their tendered prices downwards and are ran ked by 
electronic means.  
3. Framework agreements are written agreements between one or more contracting 
authorities or contracting entities and one or more economic operators, with the 
purpose of establishing the essential terms that will govern the public  contracts to be 
awarded in a certain period.  
4. Qualification systems are a particular method for awarding utilities contracts.  
 
Concession contracts  
 
The CCR 2016 give s contracting entities freedom to organise the procurement procedure subject 
to complia nce with the requirements in the regulations.32 The CCSR 2016 set out certain 
procedural guarantees but do not require any particular procedure.33 The requirements in the CCR 
2016 and the procedural guarantees in the CCSR 2016 are very similar and include th e following:  
 
1. The concession contract must be awarded on the basis of the award criteria set out by 
the contracting entity in the concession notice as long as: the tender complies with 
any minimum requirements; the tenderer complies with the conditions for 
participation; and the tenderer is not excluded from participating in the award 
procedure.  
2. The contracting entity may limit the number of tenderers to an appropriate level, on 
condition that this is done in a transparent manner and on the basis of o bjective 
criteria. The number of candidates or tenderers invited must be sufficient to ensure 
genuine competition.  
3. The contracting entity must communicate to all participants: the description of the 
envisaged organisation of the procedure and an indicat ive completion deadline; and 
any modification to that procedure or completion deadline. To the extent that any 
modification concerns elements disclosed in the concession notice, the contracting 
entity must advertis e it to all economic operators.  
4. The con tracting entity must provide for appropriate recording of the stages of the 
procedure using the means it considers appropriate.  
5. The contracting entity may hold negotiations with candidates and tenderers but the 
subject -matter of the concession contract,  the award criteria and the minimum 
requirements must not change during the course of any negotiation.  
 
                                                
32 See Regulation 30 of the CCR 2016.  
33 See Regulation 39 of the CCSR 2016.  GPA/ACC/GBR/2  
 
- 19 - 
 
  5.2.  Identify the provision in your country's legislation requiring non -discrimination as 
regards the qualification and selection of suppliers in terms of Ar ticle IX of the 
Agreement. Indicate any exception to this requirement. What are the provisions 
ensuring non -discriminatory access of new suppliers to existing qualification lists?  
Contracting authorities and contracting entities are required to treat econo mic operators equally 
and without discrimination and to act in a transparent and proportionate manner.34 These 
obligations apply at all stages of the procurement, including during the qualification and selection 
stage.  
 
Qualification and selection is permit ted in all procurement procedures but economic operators can 
only be excluded on specific grounds listed in UK laws or for failure to meet specific selection 
criteria set by the contracting authority or contracting entity, which must be related and 
proport ionate to the subject -matter of the contract.35 
UK laws include a list of mandatory exclusion criteria for particularly serious offences under 
criminal and other laws and discretionary exclusion criteria. Discretionary exclusion criteria include 
violation o f social, environmental and labour laws, bankruptcy or insolvency, grave professional 
misconduct, distortion of competition, conflicts of interest which cannot be effectively remedied, 
significant or persistent deficiencies in performance of a prior public  contract or serious 
misrepresentation or withholding of information.  Exclusion on mandatory grounds is for five years, 
where it relates to conviction for a specified serious criminal offence, until the economic operator 
has fulfilled its obligations, incl uding payment of fines or interest accrued, where it relates to the 
non-payment of taxes, or for three  years where it relates to a breach of the Employment Relations 
Act 1999 (Blacklists) Regulations 2010 (this latter ground being a mandatory ground for ex clusion 
in Scotland only). The maximum period of exclusion on discretionary grounds is for three  years. In 
both cases, economic operators may provide evidence of measures taken by them to demonstrate 
their reliability and, if the evidence is considered to be sufficient, cannot be excluded.  
 
Under UK laws, selection criteria may relate to suitability to pursue a professional activity, 
economic and financial standing and/or technical and professional ability. Requirements for 
participation must be limited to  those that are appropriate to ensure an economic operator has the 
legal and financial capacities and the technical and professional abilities to perform the contract to 
be awarded.  All requirements must be related and proportionate to the subject -matter o f the 
contract.  Requirements for participation must be listed, together with the appropriate means of 
proof, in the call for competition or the invitation to participate.  
 
5.3.  In situations where qualification procedures and selective tendering may be used, 
to what extent do procuring entities allow suppliers to become qualified during the 
procurement process? To what extent do procuring entities maintain multi -use lists of 
suppliers?  
Qualification and selection is permitted in all procurement procedures.  
 
The open procedure and the restricted procedure may be used by contracting authorities and 
contracting entities without any restrictions.  
 
The competitive dialogue procedure and the negotiated procedure can be used by contracting 
entities for utilities contrac ts without restriction. The competitive dialogue procedure and the 
competitive procedure with negotiation may be used by contracting authorities for public contracts 
only if certain conditions are met.  These are described in section 5.1 above.  
 
The negoti ated procedure without prior publication can be used in specific circumstances described 
in section 5.1 above.  
 
The innovation partnership procedure can be used where the requirement is novel and innovative.  
                                                
34 See Regulation 18 of the PCR 2015, Regulation 36 of the UCR 2016, Regulation 19 of the PCRSR 2015 
and Regulation 34 of the UCSR 2016.  
35 See Regulation s 57 and 58 of the PCR 2015, Regulation 76 of the UCR 2016, Regulations 58 and 29 of 
the PCSR 2015 and Regulation 78 of the UCSR 2016.  GPA/ACC/GBR/2  
 
- 20 - 
 
  The light touch procedure applies where a contra cting authority or contracting entity intends to 
award a public contract for social and other specific services above a threshold of £615,278.  
 
Qualification systems are permitted for utilities contracts under the UCR 2016 and the UCSR 2016, 
allowing contr acting entities to advertise the system and select participants for procurements from 
the participants registered on the system, but permitting economic operators to apply for 
qualification at any time.36 
 
Other than in the context of qualification systems,  multi-use lists are not used in the UK.  
5.4.  In the light of Article X:6 of the Agreement, please specify whether there is any 
measure in your procurement system to allow procuring entities to prepare, adopt or 
apply technical specifications to promote the conservation of national resources or 
protect the environment.  
For public contracts or utilities contracts, the characteristics defined by technical specifications may 
include levels of environmental and climate performance.37 Technical specifications may b e 
formulated in terms of performance or functional requirements provided that the parameters are 
sufficiently precise to allow tenderers to determine the subject -matter of the contract and to allow 
contracting authorities or contracting entities to award t he contract. Alternatively, technical 
specifications can be formulated by specifications with reference to national standards transposing 
European standards, European Technical Assessments, common technical specifications, 
international standards, other te chnical reference systems established by the European 
standardisation bodies, or when none of these exist, national standards, national technical 
approvals or national technical specifications relating to the design, calculation and execution of 
the works and use of the supplies. A reference to national standards must always be followed by 
the words "or equivalent ". Unless justified by the subject -matter of the contract and only on an 
exceptional basis, technical specifications must not refer to a specific make or source, or a 
particular process which characterises the products or services provided by a specific economic 
operator, or to trade marks, patents, types or a specific origin or production with the effect of 
favouring or eliminating certain undertak ings or certain products.  
  
When a contracting authority or contracting entity intends to purchase works, supplies or services 
with specific environmental characteristics, it can require a specific label as means of proof that 
the required characteristics are met, provided that all of the following conditions are met38:  
 
1. The label requirements must only concern criteria which are linked to the subject -
matter of the contract and are appropriate to define characteristics of the works, 
supplies or services that are the subject -matter of the contract.  
2. The label requirements must be based on objectively verifiable and non -discriminatory 
criteria.  
3. The labels must be established in an open and transparent procedure in which all 
relevant stakeholders, inclu ding government bodies, consumers, social partners, 
manufacturers, distributors and non -governmental organisations, may participate.  
4. The labels must be accessible to all interested parties.  
5. The label requirements must be set by a third party over whi ch the economic operator 
applying for the label cannot exercise a decisive influence.  
 
Where an economic operator had demonstrably no possibility of obtaining the specific label 
required, or an equivalent label, within the relevant time limits for reasons that are not 
attributable to that economic operator, the contracting authority or contracting entity must accept 
other appropriate means of proof, which may include a technical dossier from the manufacturer, 
provided that the economic operator concerned pr oves that the works, supplies or services to be 
provided by it fulfil the requirements of the specific label or the specific requirements of the 
contracting authority or contracting entity.  
 
                                                
36 See Regulation 77 of the UCR 2016 and Regulation 75 of the UCSR 2016.  
37 See Regulation 42 of the PCR 2015, Regulation 6 0 of the UCR 2016, Regulation 43 of the PCSR 2015 
and Regulation 58 of the UCSR 2016.  
38 See Regulation 43 of the PCR 2015, Regulation 61 of the UCR 2016, Regulation 44 of the PCSR 2015 
and Regulation 59 of the UCSR 2016.  GPA/ACC/GBR/2  
 
- 21 - 
 
  For concession contracts, technical and functional requirements m ust lay down the characteristics 
required of the works or services that are the subject -matter of the concession contract and may 
include environmental and climate performance levels.39 Unless justified by the subject -matter of 
the concession contract and o n an exceptional basis only, technical and functional requirements 
must not refer to a specific make or source, or a particular process which characterises the 
products or services provided by a specific economic operator, or to trade marks, patents, types  or 
a specific production with the effect of favouring or eliminating certain undertakings or certain 
products. Contracting authorities and contracting entities must not reject a tender on the grounds 
that the works and services do not comply with the tech nical and functional requirements if the 
tenderer proves in its tender that these are satisfied in an equivalent manner.  
 
5.5.  What are the conditions and circumstances foreseen in your legislation allowing the 
use of the limited tendering method under Article XIII of the Agreement? What 
measures exist in order to ensure that this method is not used with a view to avoiding 
maximum possible competition or in a manner which would constitute a means of 
discriminating among foreign goods/services/suppliers or in fav our of domestic 
goods/services/suppliers?  
UK laws allow use of the limited tendering method in Article XIII of the GPA in specific 
circumstances only. A negotiated procedure without prior publication is permitted in the 
circumstances given in section 5.1 a bove. A light touch procedure applies where a contracting 
authority or contracting entity intends to award a public contract for social and other specific 
services above a threshold of £615,278. The rules which restrict use of these procedures and 
which en sure they are not used in a manner which would constitute a means of discrimination are 
explained in section 5.1 above.  
 
5.6.  Article  XII of the Agreement allows for negotiation under certain conditions. Are 
procuring entities allowed to proceed to negotiations ? If so, which categories and what 
are the conditions imposed?  
Negotiations are permitted with the competitive dialogue procedure, the competitive procedure 
with negotiation / negotiated procedure and the negotiated procedure without prior publication.  
 
With the competitive procedure with negotiation under the PCR 2015 and the PCSR 2015, 
negotiations are allowed on the initial and all subsequent tenders, but not the final tender, to 
improve their content. Minimum requirements and award criteria cannot be n egotiated. During 
negotiations, contracting authorities and contracting entities must ensure equal treatment of all 
tenderers.40 With the negotiated procedure under the UCR 2016 and the UCSR 2016, any 
economic operator can submit a request to participate an d only those invited following assessment 
of the information provided may participate.41 
 
With the competitive dialogue procedure, under the PCR 2015, UCR 206, PCSR 2016 and UCSR 
2016, contracting authorities and contracting entities can discuss all aspects  of the procurement 
during the dialogue and must ensure quality of treatment among all participants and must not 
provide information in a discriminatory manner.42 
 
With the negotiated procedure without prior publication, this can only be used in specific 
circumstances which are explained in section 5.1 above.  
 
5.7.  Article  XI of the Agreement sets out the minimum time -periods for tendering and 
delivery. What are the rules and practices regarding time -periods in your legislation? 
Does the legislation reflect the v arious minimum time -periods as set out in the 
Agreement? If not, give information on any different time -periods which have been 
established in your national legislation.  
                                                
39 See Regulation 36 of the CCR 2016  and Regulation 38 of the CCSR 2016.  
40 See Regulation 29 of the PCR 2015 and Regulation 30 of the PCRSR 2015.  
41 See Regulation 47 of the UCR 2016 and Regulation 48 of the UCSR 2015.  
42 See Regulation 30 of the PCR 2015, Regulation 48 of the UCR 2016, Regula tion 31 of the PCSR 2015 
and Regulation 46 of the UCSR 2016.  GPA/ACC/GBR/2  
 
- 22 - 
 
  Minimum time periods apply for receipt of requests to participate and tenders in resp ect of each of 
the procedures. The time periods are set out in the provisions relating to each of the procedures 
(see above).  
 
5.8.  Briefly describe the procedures for the submission, receipt and opening of tenders 
and awarding of contracts, in particular the pr ocedures and conditions guaranteeing 
regularity of the openings and consistency with the non -discrimination provisions of the 
Agreement. How is the information on the proceedings related to the receipt, opening 
and evaluation of tenders maintained by procu ring entities?  
Contracting authorities and contracting entities are required to treat economic operators equally 
and without discrimination and to act in a transparent and proportionate manner.43 These 
obligations apply at all stages of the procurement, inc luding the procedures for the submission, 
receipt and opening of tenders and awarding of contracts.  
 
In the case of the open procedure, contracting authorities and contracting entities must include in 
the call for competition the time frame during which th e tenderer must maintain its tender, the 
date, time and place for the opening of tenders, and the persons authorised to be present at such 
opening.  
 
Contracting authorities and contracting entities have their own internal rules on the receipt and 
opening o f tenders which usually include the following requirements:  
 
1. Tenders must be unmarked with the name or identity of the economic operator.  
2. Tenders must be logged when received and the date and time recorded.  
3. Tenders must not be opened prior to the final deadline for receipt of tenders.  
4. Tenders must be opened simultaneously and distributed to evaluators at the same 
time. 
 
5.9.  Please identify the provisions in your legislation setting the parameters for the 
prescription of technical specifications by p rocuring entities as part of the evaluation 
criteria.  
The provisions in UK law setting the parameters for the prescription of technical specifications are 
described in section 5.4 above.  
 
5.10.   Identify the measures in national legislation ensuring that awards a re made in 
accordance with the evaluation criteria and essential requirements specified in the 
tender documentation.  
UK laws require that the call for competition must set out the requirement in terms of nature and 
quantity of required works, services or s upplies and the criteria to be used for the award of the 
contract, including the criteria to be used to determine the most economically advantageous 
tender and their relative weightings, unless these are set out in the specifications or, for the 
competitiv e dialogue procedure, the descriptive document.44 This ensures the economic operator 
has complete information about the award procedure. The contract award criteria cannot be 
changed during the course of the procurement procedure.  
 
The PCR 2015, UCR 2016, P CSR 2015 and UCSR 2016 require contracting authorities and 
contracting entities to award contracts on the most economically advantageous tender assessed 
from the point of view of the contracting authority or utility. The PCSR 2015 specify that this 
cannot be based on price or cost alone, and the UCSR 2016 specify that it cannot be based on 
price or cost alone where the utility is a contracting authority or public undertaking. In other cases 
the most economically advantageous tender must be identified on the  basis of the price or cost, 
using a cost -effectiveness approach. This may include the best price -quality ratio, which must be 
assessed on the basis of criteria, such as qualitative, environmental and/or social aspects, linked 
to the subject -matter of the contract. Contracting authorities must specify the relative weightings 
                                                
43 See Regulation 18 of the PCR 2015, Regulation 36 of the UCR 2016, Regulation 19 of the PCRSR 2015 
and Regulation 34 of the UCSR 2016.  
44 See Regulation 49 of the PCR 2015, Regulation 69 of the U CR 2016, Regulation 31 of the CCR 2016, 
Regulation 50 of the PCSR 2015, Regulation 67 of the UCSR 2016 and Regulation 33 of the CCSR  2016.  GPA/ACC/GBR/2  
 
- 23 - 
 
  of criteria used to determine the most economically advantageous tender, except where this is 
assessed on the basis of price alone.45 
The CCR 2016 and the CCSR 2016 require that concessi on contracts are awarded on the basis of 
objective criteria and which ensure that tenders are assessed to identify an overall economic 
advantage for the contracting authority or contracting entity.  Award criteria must be linked to the 
subject -matter of the  contract and may include environment or social criteria or criteria related to 
innovation. Contracting authorities and contracting entities must list the award criteria in 
descending order of importance.46 
 
6  INFORMATION  
6.1.  Article VI of the Agreement foresees the publication of laws, regulations, judicial 
decisions, administrative rulings of general application and procedures regarding 
government procurement. Please give the name of the relevant publication(s) and 
indicate the media used for this purpose. Pleas e also provide, where available, the 
address of an Internet website where the legislation referred to in questions 1 and 2 can 
be found.  
Laws on public procurement are published on https://www.legislation.gov. uk. Guidance on best 
practice for public sector procurement in England, Wales and Northern Ireland is provided on the 
gov.uk website.47 The Scottish government also provides domestic which is available on t he 
Scottish government website.48 
 
Judicial decisions of English, Welsh and Northern Irish courts are published on 
https://www.judiciary.gov.uk . Judicial decisions by the Scottish courts are published on 
https://www.scotcourts.gov.uk . 
 
6.2.  Article VII:1 of the Agreement foresees the publication of a notice of intended 
procurement for each covered procurement undertaken by a procuring entity. Please 
give the name of the relevant publication(s) and indicate the media to be used for this 
purpose. Please also provide, where available, the address of an Internet website where 
such notices are published.  
Contracting authorities and contracting entities are required to publish notices of intended 
procurements, exc ept in limited circumstances such as where the negotiated procedure without 
prior publication is used.49 
 
Currently, notices must be sent to the EU Publications Office for publication in the Official Journal 
of the European Union ( http://www.ted.europa.eu ).50 These provisions may be amended once the 
UK leaves the EU, or at the end of any implementation/transition period, depending on the 
outcome of negotiations with the EU. In any event, the UK intends to continue to r equire 
publication of notices on a suitable platform post exit.  
 
                                                
45 See Regulations 67 and 68 of the PCR 2015, Regulati ons 82 and 83 of the UCR 2016, Regulations 67 
and 68 of the PCSR  2015 and Regulations 80 and 81 of the UCSR 2016.  
46 See Regulation 41 of the CCR 2016 and Regulation 44 of the CCSR 2016.  
47 See Part B of the Annex.  
48 See Part C of the Annex.  
49 See Regulations 48 and 49 of the PCR 2015, Regula tions 67 – 69 of the UCR 2016, Regulation 31 of 
the CCR 2016, Regulations 49 and 50 of the PCSR 2015, Regulation 89 of the UCSR 2016 and Regulation 33 of 
the CCSR 2016.  
50 See Regulation 51 of the PCR 2015, Regulation 71 of the UCR 2016, Regulation 33 of th e CCR 2016, 
Regulation 52 of the PCSR 2015, Regulation 69 of the UCSR 2016 and Regulation 35 of the CCSR 2016.  GPA/ACC/GBR/2  
 
- 24 - 
 
  6.3.  Please specify the types of information that your legislation requires to be included 
in notices of intended procurement or in tender documentation, and identify the relevant 
provisions of your legislation.  
Notices of intended procurement and procurement documents must contain a broad range of 
information about the contracting authority or contracting entity, the requirement and the 
procurement procedure.51 
 
Notices of intended procurement mu st generally include:  
 
1. The name and contact details of the contracting authority or contracting entity.  
2. An email or internet address from which the procurement documents will be available 
for unrestricted and full direct access free of charge.  
3. The type of contracting authority or contracting entity and its main activities.  
4. Where appropriate, indication that the contracting authority or contracting entity is a 
central purchasing body or that any other form of joint procurement is involved.  
5. Codes describing the services required.  
6. Codes describing the location of delivery of the services, works or supplies.  
7. The nature and extent of the works, the nature and quantity or value of supplies, 
nature and the extent of services.  
8. The estimated total order of magnitude of contract(s).  
9. The admission or prohibition of variants.  
10. The time -frame for delivery or provision of supplies, works or services and, as far as 
possible, the duration of the contract.  
11. Conditions for participation.  
12. The type of award procedure.  
13. An indication whether a framework agreement is involved, a dynamic purchasing 
system is involved, or an electronic auction is involved.  
14. Where the contract is to be subdivided into lots, an indication of the possibility o f 
tendering for one, for several or for all of the lots and an indication of any possible 
limitation of the number of lots that may be awarded to any one tenderer.  
15. Where the contract is not subdivided into lots, an indication of the reasons for that.  
16. In the case of a restricted procedure, a competitive procedure with negotiation / 
negotiated procedure, a competitive dialogue procedure or an innovation partnership, 
where recourse is made to the option of reducing the number of candidates to be 
invite d to submit tenders, to negotiate or to engage in dialogue, the minimum and, 
where appropriate, proposed maximum number of candidates and the objective 
criteria to be used to choose the candidates in question.  
17. In the case of a competitive procedure wit h negotiation / negotiated procedure, a 
competitive dialogue or an innovation partnership, an indication, where appropriate, of 
recourse to a staged procedure in order gradually to reduce the number of tenders to 
be negotiated or solutions to be discussed.  
18. Where appropriate, particular conditions to which performance of the contract is 
subject.  
19. Criteria to be used for award of the contract or contracts.  
20. The time limit for receipt of tenders (open procedures) or requests to participate 
(restricte d procedures, competitive procedures with negotiation, negotiated 
procedures, dynamic purchasing systems, competitive dialogues, innovation 
partnerships).  
21. The address to which tenders or requests to participate must be transmitted.  
22. In the case of open procedures:  
(i) the time frame during which the tenderer must maintain its tender;  
(ii) the date, time and place for the opening of tenders; and  
(iii) persons authorised to be present at such opening.  
23. The language or languages in which tenders or  requests to participate must be drawn 
up. 
24. Where appropriate, indication whether:  
(i) electronic submission of tenders or requests to participate will be accepted;  
(ii) electronic ordering will be used;  
                                                
51 See Regulation 49 of the PCR 2015, Regulation 67 of the UCR 2016, Regulation 31 of the CCR 2016, 
Regulation 50 of the PCSR 2015, Regulation 67 of the UCSR 2016 and Regulation 33 of the CCSR 2016.  GPA/ACC/GBR/2  
 
- 25 - 
 
  (iii) electronic invoicing will be accepted; an d 
(iv) electronic payment will be used.  
25. The name and address of the body responsible for review and, where appropriate, 
mediation procedures.  
26. The date of dispatch of the notice.  
27. An indication whether the contract is covered by the GPA.  
28. Any other relevant information.  
 
In addition, the procurement documents must contain:  
 
1. An estimated value of the procurement.  
2. The technical specifications.  
3. The minimum requirements for variants.  
4. The objective and non -discriminatory criteria or rul es to be applied for determining 
which lots will be awarded where the application of the award criteria would result in 
one tenderer being awarded more lots than the maximum number.  
5. The award criteria and relative weightings.  
6. Any special conditions f or the performance of the contract.  
7. For competitive dialogue procedures:  
(i) the subject -matter of the procurement;  
(ii) which elements of the description define the minimum requirements to be met 
by all tenders; and  
(iii) the contract award criteria.  
8. For innovation partnerships:  
(i) the need for an innovative product, service or works that cannot be met by 
purchasing products, services or works already available on the market;  
(ii) which elements of this description define the minimum requirements to be met 
by all tenders; and  
(iii) the arrangements applicable to intellectual property rights.  
 
6.4.  Article IX:7 of the Agreement foresees publication of multi -use lists of suppliers by 
procuring entities maintaining such lists. Please give the name of the r elevant 
publication(s) and indicate the means used for this purpose. Please also provide, where 
available, the address of an Internet website where such lists are published.  
Qualification systems for utilities contracts can be advertised by publishing a ca ll for competition 
sent to the EU Publications Office for publication in the Official Journal of the European Union 
(http://www.ted.europa.eu ).52 These provisions may be amended once the UK leaves the EU, or at 
the e nd of any implementation/transition period, depending on the outcome of negotiations with 
the EU.  In any event, the UK intends to continue to require publication of notices on a suitable 
platform post exit.  
 
6.5.  Article XVI:2 of the Agreement foresees the publ ication of details of contract award 
notices by procuring entities. Please give the name of the relevant publication(s) and 
indicate the means to be used for this purpose. Please also provide, where available, the 
address of an Internet website where such notices are published.  
Contracting authorities and contracting entities are required to publish notices of contract award 
within 30 days of the date of award.53 
 
Contract award notices must be sent to the EU Publications Office for publication in the Offici al 
Journal of the European Union ( http://www.ted.europa.eu ).54 These provisions may be amended 
once the UK leaves the EU, or at the end of any implementation/transition period, depending on 
the outcome of negotiations with the EU. In any event, the UK intends to continue to require 
publication of notices on a suitabl e platform post exit.  
                                                
52 See Regulations 51 and 106 of the PCR 2015, Regulation 71 of the UCR 2016, Regulation 33 of the 
CCR 2016, Regulation 52 of the PCSR 2015, Regulation 69 of the UCSR2016 and Regulation 35 of the CCSR 
2016. 
53 See Regulation 50 of the PCR 2015, Regulation 69, of the UCR 2016, Regulation 32 of the CCR 2016, 
Regulation 51 of the PCSR 2015, Regulation 68 of the UCSR 2016 and Regulation 34 of the CCSR 2016.  
54 See Regulation 51 of the PCR 2015, Regulation 71 of the UCR 2016, Regulation 33 of the CCR 2016, 
Regulation 52 of the PCSR 2015, Regulation 69 of the UCSR2016 and Regulation 35 of the CCSR 2016.  GPA/ACC/GBR/2  
 
- 26 - 
 
  6.6.  Please specify the types of information that notices of contract awards should 
contain in your country and identify the relevant provisions in your legislation.  
Notices of intended contract award must contain a broad range of informat ion about the 
contracting authority or contracting entity, the requirement and the procurement procedure 
including the award.55 
 
Notices of contract award generally must contain:  
 
1. The name and contact details of the contracting authority or contracting e ntity. 
2. Where appropriate, indication that the contracting authority or contracting entity is a 
central purchasing body or that any other form of joint procurement is involved.  
3. Codes describing the services required.  
4. Codes describing the location of delivery of the services, works or supplies.  
5. The nature and extent of the works, the nature and quantity or value of supplies, 
nature and the extent of services.  
6. The type of award procedure and, in the case of negotiated procedure without prior 
publication, the justification for use of the procedure.  
7. An indication whether a framework agreement is involved, a dynamic purchasing 
system is involved, or an electronic auction is involved.  
8. The criteria used for award of the contract or contracts.  
9. The date of the conclusion of the contract(s) or of the framework agreement(s) 
following the decision to award or conclude it/them.  
10. The number of tenders received with respect of each award.  
11. For each award, the name, address, telephone, fax num ber, email address and 
internet address of the successful tenderer(s).  
12. The value of the successful tender (tenders) or the highest tender and lowest tender 
taken into consideration for the contract award or awards.  
13. Where appropriate, for each award , the value and proportion of contract likely to be 
subcontracted to third parties.  
14. The name and address of the body responsible for review and, where appropriate, 
mediation procedures.  
15. The date of dispatch of the notice.  
16. Any other relevant in formation.  
 
6.7.  Please specify the relevant provisions in your legislation and/or administrative 
procedures enabling, as foreseen in Article  XVI:1 of the Agreement, the provision of 
information to unsuccessful tenderers regarding the reasons why a tender was n ot 
selected.  
The PCR 2015 and PCSR 2015 require contracting authorities to issue a notice to all economic 
operators who participated in the procurement process notifying them of the decision to award a 
contract. The only exceptions to the requirement to pr ovide the notice are: where the contract is 
permitted to be awarded without prior publication of a call for competition; where the only 
tenderer is the one who is to be awarded the contract and there are no candidates; or where the 
contracting authority aw ards a contract under a framework agreement or a dynamic purchasing 
system. The notice must include detailed information, including the reasons for the decision and 
the characteristics and relative advantages of the successful tender and the score of the e conomic 
operator who is receiving the notice and the score of the successful tenderer.56 Information can be 
withheld from the notice where the release of the information: would impede law enforcement or 
would otherwise be contrary to the public interest; wo uld prejudice the legitimate commercial 
interests of a particular economic operator, whether public or private; or might prejudice fair 
competition between economic operators.  
 
The UCR 2016 and the UCSR 2016 require contracting entities to inform all econo mic operators 
who participated in the procurement process of a decision relating to the award of a contract, 
including the grounds for the decision. Where requested, contracting entities must inform an 
unsuccessful economic operator of the reasons for the rejection of its request to participate or 
                                                
55 See Regulation 50 of the PCR 2015, Regulation 69, of the UCR 2016, Regulation 32 of the CCR 2016, 
Regulation 51  of the PCSR 2015, Regulation 68 of the UCSR 2016 and Regulation 34 of the CCSR 2016.  
56 See Regulation 86 of the PCR 2015 and Regulation 85 of the PCSR 2015.  GPA/ACC/GBR/2  
 
- 27 - 
 
  tender.57 Information can be withheld from the notice in the same circumstances as under the PCR 
2015 and the PCSR 2015.  
 
The CCR 2016 and the CCSR 2016 require contracting authorities and contracting entities to i ssue 
a notice to all economic operators who participated in the procurement process of a decision 
relating to the award of a contract, including the grounds for the decision. Where requested, 
contracting entities must inform an unsuccessful economic operat or of the characteristics and 
relative advantages of the successful tender.58 Information can be withheld from the notice in the 
same circumstances as under the PCR 2015 and the PCSR 2015.  
 
6.8.  Please specify the procedures that your government will have in pla ce to ensure, as 
foreseen in Article XVII:1 of the Agreement, the prompt provision to any other Party, on 
request, of any information necessary to determine whether a procurement was 
conducted fairly, impartially and in accordance with the Agreement, inclu ding 
information on the characteristics and relative advantages of the successful tender.  
The procedures in place to ensure the prompt provision of information necessary to determine a 
procurement was conducted fairly, impartially and in accordance with th e GPA are described in 
section 6.7 above.  
 
The UK legal system also has well -developed mechanisms for disclosure in civil proceedings. 
Proceedings for breach of the procurement laws would be brought by way of civil proceedings.  
 
1. All parties to civil proceedings in England and Wales must give disclosure, subject to 
some very narrow exceptions. Each party has the right to inspect and/or take copies 
of disclosed documents, again subject to some narrow exceptions.  The parties must 
carry out a reasonable s earch for documents, bearing in mind all of the circumstances 
of the case, the value of the dispute and the overriding objective of dealing with cases 
justly.  The obligation is to search for, and disclose, documents currently or formerly in 
a party's contr ol. In public law proceedings in England and Wales, the public authority 
whose actions are under challenge also has a duty to make full and fair disclosure of 
all relevant material, and the claimant has their own duty of candour to disclose all 
relevant fa cts. 
2. In Northern Ireland, document disclosure is automatic after close of pleadings, with an 
ongoing duty to make disclosure as and when documents come to light. Disclosure is 
required of all documents which may fairly lead to a train of enquiry which m ay have 
the consequences of either enabling a party to advance his own case, or to damage 
that of his adversary.  
3. In Scotland, there is not a general duty to disclose, unless a document is found that is 
contrary to the case that has been pleaded. If thi s happens, the solicitor acting must 
disclose this to the court. In addition, parties wishing to recover particular documents 
from the other side or a third party against their will must seek an order from the 
court sanctioning their recovery request. The court will authorise this if the party 
demonstrates that the documents are relevant to the claim and support its pleaded 
case. 
 
7  DOMESTIC REVIEW PROC EDURES  
7.1.  Please provide information on existing domestic review procedures.  
Domestic review procedures are ava ilable on application to the High Court in England, Wales and 
Northern Ireland59 or the Sheriff Court or Court of Session in Scotland.60  
 
In order to enable economic operators to consider whether they have a potential claim before the 
contract is signed, a standstill period of 10 days starting after the date on which the contracting 
                                                
57 See Regulation 75 of the UCR 2016 and Regulation 73 of the UCSR 2016.  
58 See Regulation 40 of the  CCR 2016 and Regulation 43 of the CCSR 2016.  
59 See Regulation 91 of the PCR 2015, Regulation 106 of the UCR 20 16 and Regulation 52 of the 
CCR 2016.  
60 See Regulation 88 of the PCSR 2015, Regulation 101 of the UCSR 2016 and Regulation 52 of the 
CCSR 2016.  GPA/ACC/GBR/2  
 
- 28 - 
 
  authority or utility electronically notifies tenderers of its intention to award the contract to the 
successful tenderer (or 12 days if the notification is not send electronicall y). During the standstill 
period, contracting authorities and contracting entities must not enter into the contract.61 
 
A claim must be brought within 30 days beginning with the date when the economic operator first 
knew or ought to have known that grounds for starting the proceedings had arisen, although this 
time limit can be extended by up to three  months by the court where it considers that there is a 
good reason for doing so.62 For very serious breaches where the remedy of ineffectiveness is 
available (s ee below), a claim must be brought within 30 days but in any event within six months 
of the date of the contract.63  
 
Before a contract has been entered into with the successful tenderer, the available remedies 
include an order setting aside a decision and an order requiring the contracting authority or utility 
to amend a document, which in both cases can be in addition or as an alternative to a claim for 
damages.64 Once the contract has been entered into, the remedy of setting aside decision is not 
available  but, for specific very serious breaches, this remedy must be ordered by the court.65 
Where damages are available, they are based on the profits lost to the claimant as a result of the 
breach and/or wasted bid costs. The level of damages recoverable depends  partly on whether the 
claimant would have been awarded the contract in the absence of the breach or merely whether he 
has lost the opportunity to bid in a fair and transparent tender procedure.  
 
When proceedings are issued and the contracting authority o r utility is aware that proceedings 
have been issued, the tender process is automatically suspended and the contract cannot be 
entered into. The suspension remains in place until the court brings it to an end by an interim 
order or the proceedings are dete rmined, discontinued or otherwise disposed of.66 
 
7.2.  Are there specific provisions enabling access of foreign suppliers to domestic 
review procedures?  
Obligations on contracting authorities and contracting entities in domestic law are expressly stated 
to be du ties owed to economic operators from GPA states in procurements to which the GPA 
applies.67 Therefore, in GPA regulated procurements, domestic review procedures are available to 
economic operators from GPA states.  
 
7.3.  To the extent that this information does not fully respond to the following points, 
please provide the supplementary information necessary to do so:  
a. The time -limit to launch a complaint contained in the Agreement is "not less 
than 10  days" from the time when the basis of the complaint is known or  
reasonably should have been known. What are the limits in your domestic 
legislation?  
As explained in section 7.1 above, a claim must be brought within 30 days beginning 
with the date when the economic operator first knew or ought to have known that 
ground s for starting the proceedings had arisen, although this time limit can be extended 
by up to three  months by the court where it considers that there is a good reason for 
                                                
61 See Regulation 87 of the PCR 2015, Regulation 102 of the UCR 2016, Regulation 48 of the CCR 2016, 
Regulation 86 of the PCSR 2015, Regulation 99 of the UCSR 2016 and Regulation 50 of the CCSR 2016.  
62 See Regulation 92 of the PCR 2015, Regulation 107 of the  UCR 2016, Regulation 53 of the CCR 2016, 
Regulation 88 of the PCSR 2015, Regulation 101 of the UCSR 2016 and Regulation 52 of the CCSR 2016.  
63 See Regulation 93 of the PCR 2015, Regulation 108 of the UCR 2016, Regulation 54 of the CCR 2016, 
Regulation 88 of the PCSR 2015, Regulation 101 of the UCSR 2016 and Regulation 52 of the CCSR 2016.  
64 See Regulations 97 and 98 of the PCR 2015, Regulations 112 and 113 of the UCR 2016, Regulations 
58 and 59 of the CCR 2016, Regulation 90 of the PCSR 2016, Regulation 10 3 of the UCSR 2016 and Regulation 
54 of the CCSR 2016.  
65 See Regulation 101 of the PCR 2015, Regulation 116 of the UCR 2016, Regulation 62 of the CCR 
2016, Regulation 92 of the PCSR 2015, Regulation 104 of the UCSR 2016 and Regulation 55 of the CCSR 2016.  
66 See Regulation 95 of the PCR 2015, Regulation 110 of the UCR 2016, Regulation 56 of the CCR 2016, 
Regulation 89 of the PCSR 2015, Regulation 102 of the UCSR 2016 and Regulation 53 of the CCSR 2016.  
67 See Regulation 90(1) of the PCR 2015, Regulation 105(1) of the UCR 2016, Regulation 51(1) of the 
CCR 2016, Regulation 87(2) of the PCSR 2015, Regulation 100(1) of the UCSR 2016 and Regulation 51(2) of 
the CCSR 2016.  GPA/ACC/GBR/2  
 
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  doing so.68 For very serious breaches where the remedy of ineffectiveness is available 
(see below), a claim must be brought within 30 days but in any event within six months 
of the date of the contract.69 
 
b. What body is responsible for the domestic review procedures? Is this a "court" 
or an "impartial and independent review body"? If the latter:  
i. How are its members selected?  
ii. Are its decisions subject to judicial review?  
iii. If not, how will the requirements of paragraph 6 of Article XVIII of the 
Agreement be taken into account?  
As explained in section 7.1 above, domestic review procedures are available on 
application to the High Court in England, Wales and Northern Ireland70 or the Sheriff 
Court or Court of Session in Scotland.71 
 
c. What is the applicable law by reference to which the review body will examine 
complaints?  
The applicable law for proc urements governed by the PCR 2015, the UCR 2016 and the 
CCR 2016 is English law.  The applicable law for procurements governed by the PCSR 
2015, the UCSR 2016 and the CCSR 2016 is Scottish law.  
 
d. Which rapid interim measures are provided to correct breaches of the 
Agreement and to preserve commercial opportunities?  
i. Do these measures include the possibility to suspend the procurement 
process? On what conditions?  
As explained in section 7.1 above, when proceedings are issued and the contracting 
authority or con tracting entity is aware that proceedings have been issued, the 
tender process is automatically suspended and the contract cannot be entered into. 
The suspension remains in place until the court brings it to an end by an interim 
order or the proceedings ar e determined, discontinued or otherwise disposed of.72 
The test the courts apply to decide whether to lift the suspension is: whether there is 
a serious question to be tried; what would be the balance of convenience of each 
party should the order be granted ; and whether there are any special f actors.  
 
e. How do domestic review procedures provide for correction of breaches of the 
Agreement and/or of your measures implementing the Agreement? What types 
of compensation for loss or damages suffered can the review b ody order?  
As explained in section 7.1 above, before a contract has been entered into with the 
successful tenderer, the available remedies include an order setting aside a decision and 
an order requiring the contracting authority or contracting entity to a mend a document, 
which in both cases can be in addition or as an alternative to a claim for damages.73 
Once the contract has been entered into, the remedy of setting aside decision is not 
                                                
68 See Regulation 92 of the PCR 2015, Regulation 107 of the UCR 2016, Regulation 53 of the  CCR 2016, 
Regulation 88 of the PCSR 2015, Regulation 101 of the UCSR 2016 and Regulation 52 of the CCSR 2016.  
69 See Regulation 93 of the PCR 2015, Regulation 108 of the UCR 2016, Regulation 54 of the CCR 2016, 
Regulation 88 of the PCSR 2015, Regulation 10 1 of the UCSR 2016 and Regulation 52 of the CCSR 2016.  
70 See Regulation 91 of the PCR 2015, Regulation 106 of the UCR 2016 and Regulation 52 of the CCR 
2016.  
71 See Regulation 88 of the PCSR 2015, Regulation 101 of the UCSR 2016 and Regulation 52 of the 
CCSR 2016.  
72 See Regulation 95 of the PCR 2015, Regulation 110 of the UCR 2016, Regulation 56 of the CCR 2016, 
Regulation 89 of the PCSR 2015, Regulation 102 of the UCSR 2016 and Regulation 53 of the CCSR 2016.  
73 See Regulations 97 and 98 of the PCR 2015, Reg ulations 112 and 113 of the UCR 2016, Regulations 
58 and 59 of the CCR 2016, Regulation 90 of the PCSR 2016, Regulation 103 of the UCSR 2016 and Regulation 
54 of the CCSR 2016.  GPA/ACC/GBR/2  
 
- 30 - 
 
  available but, for specific very serious breaches, this remedy must b e ordered by the 
court.74 Where damages are available, they are based on the profits lost to the claimant 
as a result of the breach and/or wasted bid costs. The level of damages recoverable 
depends partly on whether the claimant would have been awarded the contract in the 
absence of the breach or merely whether he has lost the opportunity to bid in a fair and 
transparent tender procedure.  
 
f. Give any available information on the time -periods for the stages of the 
domestic review process, including to obtain in terim measures and a final 
decision.  
The time limits for the bringing of claims are s et out in section 7.1a. above.  
 
g. What are the usual costs to conduct a domestic review procedure? Are there 
possibilities foreseen to do so free of charge?  
Court fees and c harges are published by the Ministry of Justice and can be viewed 
online: 
http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=264 . 
 
The main cost associated with a legal challenge is likely to be for obtaining legal advice 
and representation.  While it is not mandatory, having legal representation is likely to be 
in the claimant's best interest.  
 
8  OTHER MATTERS  
8.1.  To what extent is information technology being used in the process of government 
procurement? Are notices of intended procurement and/or notices of contract awards 
published electronically? Please provide the address of such electronic publications.  
The PCR 2015 and PCSR 2015 make it m andatory from 18th October 2018 for all contracting 
authorities and contracting entities to use electronic means of communications and information 
exchange in all procurement procedures. These requirements have been mandatory for central 
purchasing bodies from 18th April 2017. There are specific requirements for electronic 
communications, including a requirement that tools and devices used for electronic communication 
must be non -discriminatory, generally available and interoperable with products in general  use and 
must not restrict access to the procurement procedure.75 
 
In addition to electronic means of communications, free and unrestricted electronic availability of 
procurement documents is required, dynamic purchasing systems must be operated as a 
comple tely electronic process, e -auctions are permitted and e -catalogues can be used.  
 
For concession contracts, electronic communication is mandatory in Scotland subject to certain 
exceptions.76 In the rest of the UK, electronic communication is permitted (but not mandatory).77 
 
8.2.  Is there a contact point in your country for responding to enquiries from suppliers, 
other governments and the wider public relating to laws, regulations and procedures 
and practices regarding government procurement at the central and/or sub-central 
level? Please provide the address.  
The Crown Commercial Service (CCS) brings together policy, advice and direct buying; providing 
commercial services to the public sector and saving money for the taxpayer.  
 
CCS is an executive agency, sponsored  by the Cabinet Office . CCS provides service desks for both 
suppliers and customers:  
                                                
74 See Regulation 101 of the PCR 2015, Regulation 116 of the UCR 2016, Regulatio n 62 of the CCR 
2016, Regulation 92 of the PCSR 2015, Regulation 104 of the UCSR 2016 and Regulation 55 of the CCSR 2016.  
75 See Regulation 22 of the PCR 2015, Regulation 40 of the UCR 2016, Regulation 23 of the PCSR 2015 
and Regulation 38 of the UCSR 2016.  
76 See Regulation 29 of the CCR 2016.  
77 See Regulation 32 of the CCSR 2016.  GPA/ACC/GBR/2  
 
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  Supplier service desk  
 
Email supplier@cro wncommercial.gov.uk  
Contact form link: Contact Form  
Telephone 0345 010 3503  
9.00am to 5.00pm Monday to Friday  
 
Customer service desk  
Email info@crowncommercial.gov.uk  
Contact form link: Contact Form  
Telephone 0345 410 2222  
9.00am to 5.00pm Monday to Friday  
  
Annex A  
 
Copies of National Legislation - Links to Documents  
 
The Public Contracts Regulations 2015  
http://www.legislation.gov.uk/uksi/2015/102/pdfs/uksi_20150102_en.pdf . 
 
The Utilities Contracts Regulations 2016  
http://www.legislation.gov.uk/uksi/2016/274/pdfs/uksi_20160274_en.pdf . 
 
The Concession Contracts Regulations 2016  
http://www.legislation.gov.uk/uksi/2016/273/pdfs/uksi_20160273_en.pdf . 
 
The Public Contracts (Scotland) Regulations 2015  
http://www.legislation.gov.uk/ssi/2015/446/p dfs/ssi_20150446_en.pdf . 
 
The Utilities Contracts (Scotland) Regulations 2016  
http://www.legislation.gov.uk/ssi/2016/49/pdfs/ssi_20160049_en.pdf . 
 
The Concession Contracts ( Scotland) Regulations 2016  
http://www.legislation.gov.uk/ssi/2016/65/pdfs/ssi_20160065_en.pdf . 
 
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