Reg. 4 (PCR 2015)
Mixed procurement
In: Define > Sourcing strategy
Overview
This regulation sets out the rules which apply in the case of mixed procurements, including:
- contracts which cover two or more types of procurement (works, services or supplies)
- contracts consisting partly of social and other specific services and partly of other services
- contracts consisting partly of services and partly of supplies
- procurements covered by Part 2 PCR 2015 and procurements not covered by Part 2 PCR 2015, and
- procurements covered by Part 2 PCR 2015 and procurements for the pursuit of an activity which is subject to the Utilities Contracts Regulations 2016.
Where part of a contract is covered by regulation 3(2) PCR 2015 (essential security interests) or the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), it is necessary to consider the mixed procurement rules set out in regulation 16 PCR 2015 instead.
Objective at this commercial stage
Mixed procurements must comply with the applicable legal regime.
Key considerations at this commercial stage
Contracting authorities should:
- when procuring a contract which is both a procurement covered by Part 2 PCR and a procurement not covered by Part 2 PCR, and where the different parts of that contract are objectively separable, consider whether to award a single or separate contracts for the different parts. The applicable legal regime will differ depending on the approach taken by the contracting authority in such a scenario.
Legal framework
See also in the Procurement Act 2023:
- Section 5: Mixed procurement: above and below threshold
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
