# Public procurement overview (England & Wales)

> **Key takeaway:** New procurements: Procurement Act 2023 (from 24 Feb 2025). Legacy: PCR 2015 where transitional. Transparency/equal treatment. Short challenge windows + standstill. TCC claims; remedies include damages/set-aside.

- **Jurisdiction:** England & Wales
- **Practice area:** Public Law
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/PublicLaw/public-procurement-overview
- **Keywords:** public procurement, Procurement Act 2023, PCR 2015, standstill, contracting authority, TCC, tender challenge, equal treatment

## What is this about?

Public contracts awarded by contracting authorities are regulated to ensure transparency, equal treatment, and value for money. The Procurement Act 2023 is the primary regime for new procurements (go-live 24 February 2025). Older processes and transitional cases may still engage the Public Contracts Regulations 2015. Challenges are typically by procurement claim in the Technology and Construction Court with short limitation periods.

## What is the core rule?

Covered procurements must follow regulated procedures for advertising, selection, evaluation, and award, applying principles such as non-discrimination and transparency. Under the Procurement Act 2023, authorities use the Act's procedures, notices, and exclusion grounds (with detailed secondary legislation). Remedies include set-aside of contracts in limited circumstances, damages, and automatic suspension mechanics subject to court lifting. Standstill periods protect challenge windows after award decisions. Procurements begun under the PCR 2015 generally continue under that legacy framework.

## What are the elements or test?

1. Is the body a contracting authority and is the contract covered?
2. Which regime applies: Procurement Act 2023 (new processes from 24 Feb 2025) or PCR 2015 transitional/legacy?
3. Evaluation criteria transparent and applied equally?
4. Standstill and limitation for claim?
5. Remedies: suspension, set-aside, damages?

## Which authorities matter?

- **Procurement Act 2023 (in force for new procurements from 24 February 2025) and related regulations** — Primary UK public procurement statute post-reform.
- **Public Contracts Regulations 2015 (legacy/transitional)** — Still relevant to procurements begun under the old regime and transitional cases.
- **Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34** — Supreme Court on Francovich-style sufficiently serious breach and damages themes in procurement challenges (under the then PCR framework).

## How does this apply in practice?

Utilities and defence/security have specialised regimes. Devolved administrations may differ in application detail. Limitation can be measured in days — diary immediately on debrief. Not a tender-drafting manual.

## What are common pitfalls?

- Missing standstill/claim deadlines
- Applying PCR 2015 analysis to a Procurement Act process (or vice versa) without checking which regime governs
- Unevaluated undisclosed criteria
- Inadequate audit trail of scoring

## When would a practitioner use this?

Bidder challenges; authority process design; commercial deals with public counterparties.

## Quick reference

New procurements: Procurement Act 2023 (from 24 Feb 2025). Legacy: PCR 2015 where transitional. Transparency/equal treatment. Short challenge windows + standstill. TCC claims; remedies include damages/set-aside.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*