Overview
The guidance documents are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
The guidance documents should be read in conjunction with the Procurement Act 2023 and its associated regulations and are aimed at procurement practitioners and commercial policy leads in contracting authorities. They are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
Direct award is when a public contract is awarded without a competitive tendering procedure and the public contract is placed directly with the supplier of the contracting authority’s choosing.
A competitive tendering procedure is the default for most public procurements. A contracting authority may only directly award a public contract when section 41 (and one or more of the justifications in Schedule 5), section 42 or section 43 apply.
Under the Procurement Act 2023 (Act), a transparency notice must be published before a contract is directly awarded. The function of the transparency notice is to inform stakeholders that a contracting authority intends to directly award a contract and ensure that there is transparency relating to this decision. It provides an opportunity for interested parties to consider the justification for direct award.
Legal framework
- Sections 41-44
- Section 25
- Regulation 26
Other guidance relevant to this area
- Covered procurement objectives
- Conflicts of interest
- Exclusions
- Contract award notices and standstill