Overview
This regulation sets out the principles for awarding contracts that are subject to section 7 (social and other specific services) PCR 2015 (otherwise known as the ‘Light Touch Regime’). When awarding contracts that fall within this section, contracting authorities must comply with the principles of transparency and equal treatment of suppliers.
Regulation 76 also provides that, where a contract notice is published in relation to the procurement, the notice should set out the conditions for participation, any time limits and the award procedure to be applied. Contracting authorities should ensure that the conduct of the procurement conforms with the information set out in the contract notice (unless the failure to conform would not breach the principles of transparency and equal treatment and suppliers are informed of the contracting authority's intended deviations).
Objective at this commercial stage
The conduct of the procurement should conform with the information set out in the contract notice (unless the failure to conform would not breach the principles of transparency and equal treatment and suppliers are informed of the contracting authority’s intended deviations).
Key considerations at this commercial stage
Contracting authorities should:
- ensure the relevant procurement procedure complies with the principles of transparency and equal treatment of suppliers
- ensure that the conduct of the procurement conforms with the information set out in the contract notice (unless failure to conform would not breach the principles of transparency and equal treatment and suppliers are informed of the contracting authority’s intended deviations)
- ensure that relevant considerations as set out in this regulation, i.e. regulation 76, (including, for example, the specific needs of different categories of users, including disadvantaged and vulnerable groups) are reviewed and addressed as part of the procurement (where appropriate).
Legal framework
See also in the Procurement Act 2023:
- Section 9: Light touch contracts
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements