Reg. 38 (PCR 2015)

Occasional joint procurement

In: Procure > Finalise and publish procurement pack

Overview

This regulation provides that two or more contracting authorities may agree to perform certain procurements jointly.

If the entire procurement procedure is carried out jointly, all contracting authorities are jointly responsible for fulfilling their obligations under Part 2 of the PCR 2015. If one contracting authority manages the procedure on behalf of the others, all contracting authorities remain jointly responsible.

If only parts of the procedure are conducted jointly, contracting authorities are only jointly responsible for those parts; and each contracting authority is individually responsible for the parts they conduct.

Objective at this commercial stage

Where a procurement is performed jointly the contracting authorities remain responsible to fulfil all their obligations under the entirety of the Public Contracts Regulations 2015.

Key considerations at this commercial stage

Contracting authorities should:

  • when launching a joint procurement, consider all of their obligations under the entirety of the Public Contracts Regulations 2015 (for which they remain responsible)

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