Reg. 26 (PCR 2015)

Choice of procedures

In: Define > Sourcing strategy

Overview

This regulation requires contracting authorities to apply the procedures within Part 2 of the PCR 2015 when awarding public contracts and to advertise procurement opportunities by the publication of a contract notice.

This regulation also explains the situations in which a competitive procedure with negotiation or a competitive dialogue procedure may be used.

Objective at this commercial stage

When determining the appropriate procurement procedure, contracting authorities may only use the competitive procedure with negotiation or competitive dialogue procedure if justified on the basis of the conditions stipulated in this regulation (i.e. regulation 26).

Key considerations at this commercial stage

Contracting authorities should:

  • ensure the choice of procedure is proportionate, reflecting the complexity of the requirement and capability of the supplier market
  • ensure that the open or restricted procedure is adopted only where the award of contracts do not require negotiation or dialogue
  • consider whether the conditions for using the competitive procedure with negotiation or competitive dialogue procedure are met before adopting either of these procedures.

See also in the Procurement Act 2023:

  • Section 20: Competitive tendering procedures

Additional support and guidance

Make sure you:

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

This applies to