Reg. 37 (PCR 2015)

Centralised purchasing activities and central purchasing bodies

In: Procure > Finalise and publish procurement pack

Overview

A central purchasing body is a contracting authority that provides centralised purchasing activities and that may also provide ancillary purchasing activities. Centralised purchasing activities include acquiring supplies or services for contracting authorities, as well as awarding public contracts or concluding framework agreements for works, supplies, or services for contracting authorities.

Contracting authorities may acquire goods or services or both directly from a central purchasing body. Contracting authorities may also acquire works, goods and services, or any one or more of them, by using contracts awarded by a central purchasing body; using a Dynamic Purchasing System (DPS) operated by a central purchasing body, or by using to the extent permitted, a framework concluded by a central purchasing body.

The contracting authority is deemed to have complied with this regulation to the extent that the central purchasing body has complied with these obligations. However, the contracting authority remains responsible for ensuring that those parts of the procedure it conducts itself are compliant with the regulation; such as awarding a contract under a DPS which is operated by a central purchasing body, carrying out a mini-competition under a framework agreement concluded by a central purchasing body, placing a call-off contract without reopening competition with a supplier under a framework agreement concluded by a central purchasing body.

All procurement procedures conducted by a central purchasing body must be done using electronic means of communication.

Contracting authorities can award public service contracts for centralised purchasing activities to a central purchasing body directly, that is, without following the procedures as per this regulation.

Objective at this commercial stage

Procurement procedures provided by a central purchasing body must be conducted by electronic means of communication.

Key considerations at this commercial stage

Contracting authorities should:

  • check whether they are permitted to use a DPS operated by a central purchasing body. A DPS which is operated by a central purchasing body may be used by other contracting authorities only where this is mentioned in the call for competition which set up that DPS.

See also in the Procurement Act 2023:

  • Section 1: Procurement and covered procurement

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements