Overview
This regulation permits contracting authorities to directly award contracts to, or negotiate contracts with, a particular supplier (a “direct award”) in the specific cases and circumstances set out in the regulation.
There are three general grounds for making a direct award, four additional grounds relevant to public supply contracts only, an additional ground for making a direct award relevant to public service contracts that follow a design contest, and also a further additional ground for making a direct award relevant to new works or services which repeat similar ones.
The regulation sets out the full rules and conditions for each of these grounds.
Objective at this commercial stage
Direct awards are only permitted in accordance with the specific grounds set out in this regulation (i.e. regulation 32).
Key considerations at this commercial stage
Contracting authorities should:
- consider whether any of the specific cases and circumstances set out in this regulation (i.e. regulation 32) apply, which could permit the contracting authority to make a direct award
- ensure that the circumstances of the contract satisfy the relevant direct award ground before relying on it.
Legal framework
See also in the Procurement Act 2023:
- Section 41: Direct award in special cases
- Section 42: Direct award to protect life, etc.
- Section 43: Switching to direct award
- Schedule 5: Direct award justifications
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
