How to remain compliant under Public Contracts Regulations 2015 (PCR 2015)

We know that public sector procurement can be complex, but staying compliant with the regulations is a legal requirement. Here is how to do it when you’re between two sets of regulations. 

Public sector procurement regulations: PCR 2015 or PA23? 

In England and Wales, there are currently two sets of regulations for active public sector procurements:

This is because the new legislation on public procurement regulations (PA23) came into force in February 2025. However, PA23 was not retroactive. That means that any procurements that started before it was introduced are still covered by the old regulations (PCR 2015). 

The cut-off date for this is 24 February 2025, as follows:

  • procurements that began before 24 February 2025: regulated by PCR 2015
  • procurements that began before 24 February 2025, but were modified on or after 24 February 2025: regulated by PCR 2015
  • procurements that began on or after 24 February 2025: regulated by PA23

As a result, the old regulations will continue to apply to some contracts and call-off contracts for many years to come. You will see GCA agreements regulated by PCR 2015 that are not due to end until 2029, or even later. 

What are the Public Contracts Regulations 2015?

For that reason, it’s still important to understand the Public Contracts Regulations 2015. This is so you can ensure you remain a compliant public sector contracting authority. 

Like PA23, PCR 2015 aims to ensure that public procurement processes are fair and transparent. They impose responsibilities on so-called ‘contracting authorities’ to uphold this. 

PCR 2015 Regulation 2 defines contracting authorities as:

  • the State
  • regional or local authorities
  • bodies governed by public law
  • associations formed by one or more such authorities or bodies

The key principles of PCR 2015 are:

  • equality
  • transparency
  • competition
  • proportionality

Equal treatment

You must treat all suppliers fairly and without discrimination. This is to ensure that everyone has an equal opportunity to take part in the procurement process.

Transparency

You must conduct all procurement activities transparently. They should provide clear and accessible information to all stakeholders. This promotes trust and accountability.

Competition

The regulations encourage competition by inviting all kinds of suppliers to take part. This limits anti-competitive behaviour in the procurement process.

Proportionality

Procurement procedures should be proportionate to the value and complexity of the contract. This minimises administrative burdens for both you and your suppliers.

Why compliance is essential 

By meeting PCR 2015’s requirements, you can promote accountability and mitigate risks. They can also achieve value for money in the procurement of goods and services for the public sector. This helps ensure all UK citizens can continue to enjoy high-quality public services.

Failure to comply with PCR 2015 can result in consequences, including: 

  • legal challenges
  • financial penalties
  • reputational damage

Responsibilities for contracting authorities under PCR regulations

As a contracting authority, there are several obligations that you must meet to remain compliant with PCR 2015.

Publication of notices

For contracts that exceed certain thresholds, you must publish contract notices in the Find a Tender Service (FTS). FTS is free to use and, as of 2020, replaces the role of Tenders Electronic Daily, the Official Journal of the EU (OJEU/TED) for procurements in the UK. FTS provides details of the procurement opportunity and invites interested suppliers to participate. You can read this Cabinet Office guidance note for more information.

Adherence to procurement procedures

You are required to follow prescribed procurement procedures. This may include open, restricted, competitive dialogue, or negotiated procedures. These procedures are designed to ensure fairness and transparency throughout the procurement process.

Evaluation of tenders

You must evaluate tenders against predetermined criteria. These award criteria must be specified in the contract notice. The evaluation process should be conducted objectively and without bias. It should also consider the stated requirements of the contract. To learn more, read our article on evaluating bids in procurement.

Notification of decisions

You must notify all participating suppliers of the outcome of the procurement process. This includes:

  • informing successful suppliers of their selection 
  • providing feedback to unsuccessful bidders upon request

Standstill period

Following the award of a contract, you must observe a standstill period. During this period, unsuccessful suppliers can challenge the decision. This allows suppliers to seek clarification. If necessary, it gives them time to take legal action to address any concerns about the process. 

Compliance challenges

While the regulations aim to promote best practices in public sector procurement, you might struggle to meet them. 

Challenges can include:

  • understanding the complexity of the regulations
  • facing resourcing constraints 
  • not having the required technical expertise within teams

Buying through GCA means you follow procurement regulations. It also simplifies the process for buyers.

Our commercial agreements have standardised contract terms and guidance for buyers. They are also free to use for public sector and third sector organisations. 

Find out more

If you need support with using any GCA agreements, please do not hesitate to contact us.

You can also explore more of our knowledge base: 

What are CPV codes? A guide for public procurement

What are CPV (Common Procurement Vocabulary) codes?

CPV codes (Common Procurement Vocabulary) are standard classification codes used in public procurement to describe goods, services and works. They help buyers classify what they need to buy and help suppliers find relevant contract opportunities. 

Each code relates to a particular type of product or service. The examples below show how they are used in different areas of procurement:

  • 72000000: information technology services
  • 45000000: construction work
  • 50000000: repair and maintenance services
  • 60100000: transport services

How CPV codes are used

Buyers select CPV codes when publishing procurement notices and tender documents.

As a buyer, the code you choose should reflect what is being bought as accurately as possible. Where a requirement covers more than one area, it may be appropriate or necessary to include more than one CPV code.

Buyers can find CPV codes using classification lists within procurement systems such as the Find a Tender service when publishing procurement notices. These systems allow users to search or filter codes based on the types of goods or services being bought.

Suppliers can then use CPV codes to search for contract opportunities that match the goods or services they provide within these systems. The Find a Tender service allows them to save regular searches and filter them by CPV code to further improve the visibility of opportunities. 

How are CPV codes structured?

CPV codes are made up of numbers that represent different levels of classification.

This structure groups codes into broad categories and sub-categories. For example, CPV code 72000000 covers information technology (IT) services as a broad category. Within this category, there are more specific codes that describe particular types of IT services:

  • 72000000: IT services
    • 72200000: software programming and consultancy services
      • 72262000: software development services
    • 72700000: computer network services

This structure allows buyers to describe their requirements at different levels of detail, depending on what they are buying. 

Why are CPV codes used?

Public sector organisations use CPV codes to provide a shared ‘language’ for describing what a buyer is looking for. 

This system helps to address the challenge of organisations describing their requirements in different ways. For example, one organisation might describe a requirement as “IT support”, while another uses “technical support services”. This can make it harder for suppliers to find relevant opportunities.

Buyers can instead use CPV codes to categorise their requirements in a consistent, searchable way.

CPV codes help to:

  • make procurement opportunities easier to find
  • improve consistency across procurement notices and tender documents
  • set out the scope of a contract to help suppliers identify relevant contract opportunities
  • add depth to the way procurement data can be searched and compared

CPV codes are part of a wider set of tools used in public procurement to help buyers structure and publish opportunities to reach relevant suppliers.

CPV codes can also support buyers in conducting early market engagement, procurement planning, and analysis of past spend in specific categories or markets. For example, these codes can: 

  • be applied to notices of engagement activity so they come up in supplier searches
  • allow previous contracts and spend to be easily grouped for analysis 

Choosing the right CPV code as a buyer

Choosing the right CPV code as a buyer is important. By choosing an accurate code or set of codes, you can find the most relevant suppliers for your needs more easily. 

If a code is too broad, suppliers may not be able to clearly identify whether an opportunity is relevant. This is where it is important to apply all relevant codes that cover your requirements, in order to ensure the range of suppliers who find the opportunity can fulfil all your needs. 

Applying multiple codes that address all aspects of your contract helps to further increase the transparency of the opportunity to suppliers, diversifying your potential supplier base. 

However, if your choice of codes makes the definition for a contract too narrow or inaccurate, relevant suppliers may not even find the opportunity. It is therefore important not just to apply every possible code to your procurement, but those which accurately reflect the services you require. 

Find out more

You may also find the following guidance helpful:

Changes to our agreements in July

Helping you stay informed and confident in your procurement decisions

This update provides a summary of which agreements were awarded, extended or expired during the previous month. It also outlines what is expiring in the next 3 months.

Agreements extended in July

Agreements that expired in July

Agreements due to expire in the next 3 months

We’re here to help

Have questions about any of these agreements? Contact our team who are ready to support you.

Stay ahead of what is coming

Explore our upcoming agreement page to see the new procurements we are developing, so you can plan with confidence.

Never miss an update

And finally, subscribe to our monthly customer newsletter using this short form. Get these updates and more delivered straight to your inbox.

Glossary

Our glossary defines the key terms we use, helping you navigate our website and buy with confidence.

Changes to our agreements in June

Helping you stay informed and confident in your procurement decisions

This update provides a summary of which agreements were awarded, extended or expired during the previous month. It also outlines what is expiring in the next 3 months.

Agreements awarded in June

Agreements extended in June

Agreements that expired in June

Agreements due to expire in the next 3 months

We’re here to help

Have questions about any of these agreements? Contact our team who are ready to support you.

Stay ahead of what is coming

Explore our upcoming agreement page to see the new procurements we are developing, so you can plan with confidence.

Never miss an update

And finally, subscribe to our monthly customer newsletter using this short form. Get these updates and more delivered straight to your inbox.

Glossary

Our glossary defines the key terms we use, helping you navigate our website and buy with confidence.

How GCA is improving opportunities for SMEs and VCSEs

Small and Medium-Sized Enterprises (SMEs) and Voluntary Community and Social Enterprises (VCSEs) have historically found it challenging to win public sector contracts. 

One of the primary social value goals of the Procurement Act 2023 (PA23) is to help SMEs and VCSEs win more public sector contracts. 

The aim of PA23 is to move away from the complex, rigid EU-legacy rules toward a more flexible, transparent process.

This article explains how we at Government Commercial Agency (GCA) are applying PA23 to improve opportunities for SMEs

1. Transparency and publishing procurement notices

In the past, SMEs and VCSEs have often struggled with a lack of transparency around government bidding. PA23 aims to increase transparency. 

Transparency notices are now published on the Central Digital Platform. This is free to use and gives you a single place to search for all public sector opportunities. 

Benefits of the Central Digital Platform:

  • 18-month head start: for any contract worth more than £2 million, public sector buyers  must publish a “Pipeline Notice” – this gives you up to 18 months’ notice to prepare, upgrade your team’s skills or find partners to form a consortium (an alliance of two or more organisations, that pool their resources to achieve a common goal)
  • search filters: you can select specific filters like “suitability” and “small and medium-sized enterprises” to see opportunities that have been marked as particularly suitable for SMEs
  • email alerts: you can set up alerts using saved searches so the platform automatically emails you the moment a notice is posted that meets your criteria

2. Using open frameworks

A framework is a list of approved suppliers that the public sector can buy from. In the past, once a framework was created, it was closed to new suppliers for years.

PA23 introduced a new type of commercial agreement called open frameworks. These are long-term agreements that can last up to 8 years. An open framework is, in effect, made up of a series of frameworks that run one after another. Open frameworks reopen at specific times to provide a new opportunity for suppliers to join.

Since PA23 came into force in February 2025, 4 open frameworks have been awarded by GCA:

Here is a list of open frameworks currently in progress.

If you miss out when a framework first starts, you do not have to wait for the framework to end. You can apply to join when it re-opens.

If you apply to join an open framework at one of these points, there are 2 advantages:

  1. See past questions: You can look at all the clarification questions and answers from earlier procurements 
  2. Learn from others: You may be able to learn what worked well for SMEs that applied early if they share their experiences on social media or at Meet the Buyer events.

If you are already on the framework when it re-opens, and there is no limit on supplier numbers, you may be awarded to the next framework automatically. This means you avoid filling out the extra paperwork.

3. Addressing unfair advantages

A big part of PA23 is ensuring that no supplier receives an unfair advantage when bidding for public sector contracts, which GCA takes all reasonable steps to ensure. This is regardless of their size or position.

Managing conflicts of interest

Under PA23, GCA carefully identifies and mitigates conflicts of interest. We do this when identifying the need for a new commercial agreement, up until that agreement expires or is terminated. 

All individuals involved in the procurement of a commercial agreement are assessed to find any actual, potential, or perceived conflict of interest. These are automatically recorded in the Conflicts of Interest Assessment register. 

At GCA, we prepare, review, and revise a conflict assessment every time we publish: 

  • a tender notice
  • a transparency notice
  • a dynamic market notice
  • a contract details notice
  • a contract change notice

Preventing bias 

SMEs and VCSEs often worry that the company currently doing the work has an unfair advantage. This is called an incumbent bias.

If any supplier receives an unavoidable unfair advantage, or they don’t take steps necessary to avoid an unfair advantage, GCA will exclude them. 

To avoid exclusion, the incumbent supplier must establish clear boundaries. Clear boundaries might include ethical walls or removing individuals working on the existing contract from the supplier’s bid team.

4. Splitting huge contracts into lots

Instead of creating one big contract, government buyers must look at whether they can split the contract into smaller parts. These smaller parts are called lots. This makes these bigger contracts more accessible to SMEs and VCSEs. 

If a buyer decides not to split a large contract into lots, they may be required to explain why.

To make this work, GCA undertakes extensive preliminary market engagement with SMEs and VCSEs. This involves getting input and feedback from them as we design an agreement. 

Sometimes, we also limit how many lots a single supplier can be awarded. This in turn creates more opportunities for small businesses. In fact, 12 out of the first 15 GCA contracts under this new law were split into smaller lots.

Where GCA agreements are not split into lots, this can be because: 

  • the holistic nature of the multiple services means breaking the agreement into lots would not be appropriate 
  • only having 1 lot would create the simplest process for buyers and suppliers and ensure best value
  • maintaining a single lot leverages supplier relationships and maximises competition to secure value in a tight-margin market.

5. Addressing conditions of participation

Conditions of Participation assess suppliers’ legal and financial capacity and technical ability to perform the contract. They must only be set if they are proportionate, taking into account the contract’s nature, complexity, and cost. 

For you, this means:

  • fair qualifications: GCA assesses each lot on our agreements to decide whether Technical Ability Certificates and qualifications such as Cyber Essentials or ISO are needed. If a contract asks for a particular certificate or qualification, the government must accept equivalent proofs
  • no upfront insurance costs: you may not need to pay for expensive insurance certificates such as Public and Products Liability and Professional Indemnity when you first join an agreement. You may only need to show proof of insurance once you win a call-off contract
  • flexible financial proof: if you do not have audited annual accounts, you can provide alternative evidence to prove your financial capability to fulfil a contract

6. Providing clear feedback to help you improve

If you bid for a contract and do not win, PA23 helps you learn for next time. Before a contract award notice is published for a framework agreement, GCA must send every bidder who submitted an assessed tender an assessment summary.

An assessment summary breaks down your exact scores and explains why you received them. As an unsuccessful bidder, you will receive your own summary alongside a redacted copy of the winning supplier’s summary. This allows you to understand the winning tender’s relative advantages so you can improve your next bid.

Support and next steps

 

Procurement Act 2023 notices: What they mean and how buyers must use them

The Procurement Act 2023 introduced 17 new notices, which contracting authorities must publish. These notices refer to the entire procurement lifecycle from planning to contract award. They are designed to make the process more transparent. 

As a buyer, you must make use of some of these notices to:

  • advertise your procurement pipeline 
  • make sure it is a transparent process
  • enable proper management of your contracts after they are awarded

It is important to understand the different notices, what they are used for, and how you must apply them. 

Planning and pipeline notices

These notices are published before the start of a procurement.

UK1 pipeline notice – mandatory

The UK1 pipeline notice tells suppliers what contracts valued at £2 million or above that a buyer is planning to award in the next 18 months. You must publish one between 1 April and 26 May each year if you will spend £100 million or more on contracts in the coming year.

UK2 preliminary market engagement notice – mandatory

The UK2 notice invites suppliers to take part in pre-market engagement for your contract. For example, this might be through industry days or supplier questionnaires. You can also publish one after this engagement has taken place, giving details of the process and outcomes. If one is not published, you must explain why in a UK4 tender notice. 

UK3 planned procurement notice – optional

A UK3 planned procurement notice gives suppliers early notice that a specific procurement is coming. The UK3 notice is optional, but in some circumstances it can allow the contract tendering period to be shortened and it is considered best practice to publish one anyway.

Tender process notices

These are the notices published while a procurement is ongoing. 

UK4 tender notice – mandatory for a competitive procedure

The UK4 tender notice tells suppliers that a tender is open for bids. Under normal circumstances, suppliers have at least 25 days after publishing to submit bids. Buyers must use UK4 if you are planning to buy through a dynamic market using a competitive procurement process. You do not need one for buying through frameworks

UK5 transparency notice – mandatory for a direct award

If a buyer directly awards a contract, they must publish a UK5 transparency notice at least 8 days before the contract is awarded. The notice explains why a competition was not run. It can also be used to switch an unsuccessful competitive procurement to a direct award.

Award and post-award notices

These notices are used to complete a procurement by awarding a contract. They can also be used to manage or change the awarded contract. 

UK6 contract award notice: mandatory

A UK6 contract award notice announces which supplier has won a contract through a framework. You must issue it before signing the contract. It triggers the standstill period of at least 8 working days if one applies.

UK7 contract details notice: mandatory

The UK7 contract details notice is used to publish details of an awarded contract. For standard contracts, you must publish one within 30 days of a contract being entered into. 

There are, however, some exceptions for light touch and below-threshold contracts. When contracts are worth £5 million or more, you must also attach a copy of the redacted contract.

UK8 contract payment notice: mandatory

If a public sector buyer makes a payment to a supplier of over £30,000 as part of a public contract, they must publish a UK8 contract payment notice. This gives information about the payment and must be published at the end of the quarter in which the payment was made. 

UK9 contract performance notice: mandatory

For any contract worth over £5 million, public sector buyers must set key performance indicators (KPIs) for the supplier. The UK9 contract performance notice is published at least yearly to track the supplier’s performance against these. 

It is also published when:

  • a contract ends to give a final summary
  • within 30 days of any breach of contract or confirmation of poor performance

UK10 contract change notice: mandatory when making a modification

The UK10 contract change notice should be published when making a modification to a contract, such as value or length. You must publish one before making any change to a contract. You should attach the modified contract document for contracts over £5 million, redacted as necessary.

UK11 contract termination notice: mandatory

You should publish a UK11 contract termination notice within 30 days of a contract ending. This includes contracts that:

  • have been completed successfully
  • are being terminated early
  • have expired 

UK12 procurement termination notice: mandatory

You must publish a UK12 notice to signal that you have cancelled an ongoing procurement and will not be awarding the contract. This is mandatory when a previous tender or transparency notice has been published.

UK17 payments compliance notice: mandatory

A buyer must publish a UK17 payments compliance notice every 6 months to confirm that their suppliers were paid promptly in that period. This ensures buyers adhere to the terms of the contract as well as relevant prompt payment policies

Dynamic market notices

The following notices are all used when contracting authorities want to establish, manage or close a dynamic market:

  • UK13 dynamic market intention notice
  • UK14 dynamic market establishment notice
  • UK15 dynamic market modification notice
  • UK16 dynamic market cessation notice

However, these notices are not used by public sector buyers simply looking to buy through a dynamic market. 

Note: certain exceptions may apply to different notices and their use. For full information on these exceptions, and for further detail on each of these notices and their use, read the guides available on GOV.UK

What notices do I need to publish when I call off through a framework?

Not all of the notices introduced by the Procurement Act need to be used when calling off a contract through a framework. 

This table shows the notices you need to publish if you award a contract through a framework agreement, and when to publish them.

Notice When to publish it
UK6 contract award notice Before entering into the contract
UK7 contract details notice Within 30 days after the contract is entered into
UK17 payments compliance notice Every 6 months
UK8 contract payment notice Within 30 days of the end of the quarter, if:
it is a public contract
it is awarded under a framework established under the Procurement Act 2023
the contract commenced after 1 April 2026
UK9 contract performance notice At least once per year during the contract’s duration, and when the contract ends
UK11 contract termination notice Within 30 days of the contract ending

You must also publish a contract change notice (UK10) if you are modifying a contract that was tendered through a framework. 

Find out more

Want to find out more about how the Procurement Act 2023 has changed procurement processes? 

Changes to our agreements in May

Helping you stay informed and confident in your procurement decisions

This update provides a summary of which agreements were awarded, extended or expired during the previous month. It also outlines what is expiring in the next 3 months.

Agreements extended in May

Agreements that expired in May

Agreements due to expire in the next 3 months

We’re here to help

Have questions about any of these agreements? Our team is ready to support you.

Stay ahead of what is coming

Explore our upcoming agreement page to see the new procurements we are developing, so you can plan with confidence.

Never miss an update

And finally, subscribe to our monthly customer newsletter using this short form. Get these updates and more delivered straight to your inbox.

Glossary

Our glossary defines the key terms we use, helping you navigate our website and buy with confidence.

What is a ‘call-off’ and how to get the process right

What is a call-off?

A call-off is a contract between a buyer and supplier. You may also hear the phrase ‘call-off contract’, which means the same thing.

They are used to buy goods and services from a framework and they agree on the specific details of the order, such as quantities and timelines.

There is no limit on how many call-offs you can make. Buyers can issue as many call-off contracts as they need to under any framework to meet their needs. 

What is the call-off process?

A call-off process is a set of instructions a public sector buyer must follow when buying through a framework agreement. The 2 most common buying processes are:

  • direct award: when you place an order directly with the supplier that best meets your needs 
  • further competition: when you invite suppliers to bid for your business, for instance if you have more complex buying needs

The buying process you choose will depend on the framework you wish to use.

You can call-off through any Government Commercial Agency (GCA) framework. This includes frameworks established under Crown Commercial Service (CCS). 

The call-off process under the Procurement Act 2023

Under the Procurement Act 2023 (PA23) the buying processes have different names: 

How do I run a call-off process?

To run a call-off process it is important that, as a public sector buyer, you:

1. Know which procurement regulations you will be buying under

The Procurement Act 2023 went live in February 2025 and governs any commercial framework that began development after that point. Any framework developed before then still operates under the Public Regulations 2015.

2. Know the type of framework you are using

The Procurement Act 2023 introduced open frameworks. These work a bit differently from traditional closed frameworks, so you must check which framework type you are using.

3. Read the call-off contract terms and conditions

Keep in mind that each GCA framework will have its own set of call-off terms and conditions. These may vary from framework to framework due to the different markets and scope of products or services you can buy through them.

4. Check the buying processes that are available

Direct award and further competition are 2 of the main buying processes. But, you must check what buying process is allowed through the framework you have chosen. You can find this information in the specific framework’s buyer guide or on its webpage.

5. Read the framework buyer guide

All GCA commercial agreements are supported by buyer guides. These documents will break down the call-off process for that framework. Once you know the framework you would like to use, you can find the relevant guide by searching for the specific commercial agreement.

Carefully follow the buying process of your chosen framework to make sure your own process, and the outcome from it, is compliant with procurement regulations.

6. Publish transparency notices

If you are calling off under the Procurement Act 2023, you must publish a number of transparency notices about the procurement you are running. You can find more information about these notices and their sequencing on GOV.UK.

What happens at the end of a call-off process?

At the end of the call-off process you will need to complete and sign a call-off contract with the suitable supplier. This will become a legally binding agreement.

You will be able to identify the most suitable supplier for your needs once you have completed the framework’s call-off process. 

While a framework provides significant protection from commercial risks, you are still a contracting authority and must make your own assessments of potential risks, such as a supplier failing to deliver.

The supplier should only begin to provide your required goods or services once the call-off contract is signed.

What should you think about when completing your call-off contract document?

A call-off contract should contain specific information relating to key deliverables and the types of goods and services you are buying. This information would have been outlined as part of your call-off process and could include (but is not limited to):

  • what will be supplied and when
  • how it will be supplied
  • how much the goods / services will cost
  • what insurance requirements need to be put in place
  • contact details for suppliers and buyers
  • Key Performance Indicators (KPIs) or Service Level Agreements (SLAs) to allow you to ensure successful delivery, and offer protection if there are any issues

What are the benefits of using call-off contracts?

Here are some benefits to using call-off contracts:

Pre-agreed terms and conditions

GCA will set out the terms and conditions for call-off contracts up front when putting a framework in place. This means all suppliers who win a place on a GCA framework will have seen and agreed to use those call-off terms and conditions when contracting with buyers. This reduces time and legal costs and gives clarity for both buyer and supplier.

Cost savings

When you enter into call-off contracts with framework suppliers, you are able to secure predetermined prices for goods and services. This can save significant costs over time. For example, when large projects could last for months or even years, a call-off contract will help to make sure that the works remain within budget by securing prices for an agreed period within the contract.

Stability

By having a contract in place, you can be more certain about the availability of goods and services from your suppliers.This can help to avoid disruptions in the supply chain and make sure that your organisation has the resources it needs to operate smoothly.

Improved collaboration

Call-off contracts can help to build strong relationships and develop a deeper level of trust and understanding with their suppliers. This can lead to improved communication and collaboration, which can further enhance the efficiency of the supply chain.

Find out more

Ready to start using call-off contracts? You can:

If you require support using any of our agreements, contact us on 0345 410 2222 or info@gca.gov.uk.

How to get support with PFI and PPP contract management

What are PFI and PPP contracts?

Private Finance Initiative (PFI) is a procurement method where the private sector finances, designs, builds, and maintains public infrastructure (like hospitals, schools, and roads) through long-term contracts.

Public-Private Partnership (PPP) is a long-term contract between a government entity and a private company for the delivery and funding of public infrastructure or services. The private sector typically handles the financing, construction, and operation, while the government retains regulatory oversight and guarantees service delivery. In return, the public sector makes regular payments to the private-sector company. 

A typical contract lasts somewhere between 25 and 30 years. At the end of the term, responsibility for the infrastructure and services transfers back to the public sector authority.

Why PFI and PPP contracts require specialist knowledge

PFI and PPP contracts are designed to provide major infrastructure over the long term. They require careful management to protect public finances and ensure infrastructure remains fit for purpose. PFI and PPP contracts are complicated arrangements requiring specialist knowledge across:

  • contract law
  • asset management
  • surveys and audit
  • service delivery and transition
  • exit planning 

This means that the organisations using them do not always have the in-house expertise to handle issues, if they arise. 

Some common issues that public sector departments and local authorities encounter are:

  • managing contract expiry
  • renegotiating terms to allow for improvements and innovation

The PFI Centre of Excellence

To help contracting authorities, the government established the National Infrastructure and Service Transformation Authority (NISTA). NISTA operates a PFI Centre of Excellence. 

The PFI Centre of Excellence offers support for:

  • negotiating terms
  • working towards net zero
  • managing PFI contractor resolutions. 

They provide strategic guidance and asset-condition playbooks. They also offer training for authorities, including:

At GCA, we complement this guidance with practical, end-to-end procurement support. We also offer competitive, evaluated and monitored framework agreements for procuring PFI services. 

On top of this, our specialist PFI and PPP team offers holistic support across all 3 phases of project management:

  • in-life management
  • expiry support
  • future service planning

We align with NISTA to ensure our support remains consistent with the latest best practice. We also offer support from our category experts and Facilities Management Support team.

Framework support for PFI and PPP contracts

Frameworks help support public sector organisations using PFI and PPP contracts. They offer:

  • vetted PFI and PPP specific suppliers selected using a formal evaluation process
  • compliant procurement routes, supported by knowledgeable category teams
  • support throughout the PFI and PPP lifecycle from experts and support teams
  • lots developed and aligned using best practice guidance from NISTA
  • specialised PFI and PPP contract support services, such as:
    • audits
    • commercial and financial advice
    • legal experts
    • surveys
    • strategic advisors 

What practical support can GCA frameworks provide?

GCA frameworks are designed to address a broad range of PFI and PPP requirements. They provide structured procurement routes for public sector organisations at various stages of the contract lifecycle, including:

  • day-to-day operational management
  • contract expiry
  • service transition

If you need help with a PFI and PPP contract, the right starting point depends on the nature of your challenge.

Think about the challenge you’re facing. Common examples include:

  • technical or strategic advice on contract management
  • surveying or asset condition assessments
  • fire safety audits
  • specialist commercial or financial advice
  • legal support
  • facilities management
  • energy and decarbonisation

Once you know what you need, you can find the right route to market.

Facilities management 

For example, Lot 8 of our Estate Management Services 2 (RM6343) agreement is specifically designed for PFI/PPP services. Customers can currently use RM6232, which is available for awarded contracts until 8 March 2027. This is due to be replaced by a combined Facilities Management and Security Services framework (RM6378) in Autumn 2026.

Legal services 

Central government buyers should use Legal Panel for Government (RM6360). The wider public sector can use Public Sector Legal Services (RM6240). From Autumn 2026, you can use Legal Panel for Public Sector (RM6374), which includes PFI/PPP-specific advice in Lot 4.

Energy and decarbonisation

For energy and decarbonisation support, there are frameworks available to help manage supply, demand and renewables:

Options include:

Get in touch

We have dedicated teams supporting both the PFI and PPP programmes and each of our framework agreements. When difficulties arise, you can get help within days rather than weeks. 

Find out more about public procurement

Read about how to buy through framework agreements.

Discover more of our Procurement Essentials articles for helpful guidance on buying policies and processes. 

 

*From 1 April 2026, Crown Commercial Service and several Cabinet Office Central Commercial teams (operating under the Government Commercial Function) joined together to form the Government Commercial Agency.

How to evaluate bids in procurement

Many procurements involve a bid process, such as further competition or award with competition, where suppliers bid for a buyer’s business by submitting tenders. Tenders, also known as bids, are formal, written offers to the buyer’s request for goods or services. The buyer then evaluates the bids to choose a winner in a fair and compliant way. 

It’s important to have a well-planned and transparent bid evaluation process for your procurement. Doing so helps you reach the right decision and get good value for money.

Here is our guide on how to get it right.

How to carry out the bid evaluation process in procurement

Bid evaluation takes place after the deadline for tender submissions passes. 

Put simply, the bid evaluation process is when the buyer assesses bids to choose their preferred supplier for their contract. Under the Public Contracts Regulations 2015, awards were generally made on the basis of the ‘most economically advantageous tender’. However, under the Procurement Act 2023, this has been changed to the ‘most advantageous tender’, giving buyers more flexibility to focus on criteria beyond cost, such as social value.

When evaluating, you need to take a thorough approach, treating each bid fairly and equally and assessing it against the same criteria. You also need to keep detailed records to show how you reached your decision. A poorly planned and executed process could derail your procurement and lead to expensive legal challenges. 

Here is an overview of the steps involved in a bid assessment process.

1. Choose your evaluators

Firstly, take time to choose the right evaluation team for your procurement. Small groups work better than just 1 person, bringing a balanced perspective to the scoring process. Ideally your team should have a combination of financial, technical, and purchasing expertise.

For most people, taking part in an evaluation process is a step away from their day job. You should provide training and guidance from the outset, to help ensure a successful outcome.

Start by making sure your evaluators are clear on the bid evaluation process and what your requirement is. At least one member of the evaluation team, usually the procurement lead, should be well trained on the core principles of The Public Contracts Regulations (PCR) 2015 or the Procurement Act 2023 (PA23). This depends on the regulations that apply to the procurement.

The procurement lead should also ensure compliance with your organisational policies. 

All evaluators must be aware of the importance of confidentiality, equality and conflicts of interest. This might include them:

  • understanding that they should not share documentation with third parties 
  • knowing how to send emails and electronic documents securely
  • understanding the importance of treating bidders equally
  • completing a conflict of interest form at the start of the process

You will need to be able to show that your evaluation methods were fair, for instance if you receive a Freedom of Information request.

2. Make sure you keep accurate records

Keeping a well-documented evidence trail is essential during the bid evaluation process. Not having this can make it difficult to justify why a particular bidder won. You need to keep records that show why each bidder was given a particular score, and to give a full and helpful debrief to unsuccessful bidders. 

You will also need your records to create an evaluation report at the end of the process. We talk about the evaluation report in more detail at the end of this article. 

Your record keeping needs to provide clear evidence to show:

  • how the award criteria have been considered
  • how the scoring methodology has been applied
  • reasons for the evaluator’s decision

It is a legal requirement to keep all records for a minimum of 3 years from the date of contract award. 

For tenders under PCR2015, our eSourcing Tool enables Government Commercial Agency customers to conduct their procurements electronically and ensure an audit trail is maintained.

Tenders under PA23 are managed in much the same way through the Central Digital Platform

3. Allocate scores according to evaluation criteria

Scores should be allocated in accordance with your award criteria – sometimes also known as your evaluation model. 

How you score each bid usually considers 2 components: price and quality. How each of these components will be evaluated and weighted varies from tender to tender and depends on your requirements. This should be clearly stated in your tender documents. 

Buyers can decide what criteria to include in their evaluation, as long as they are:

  • relevant to the contract
  • specific and measurable
  • proportionate to the value and complexity of the contract
  • non-discriminatory and allow all suppliers to be treated equally

A copy of your criteria and scoring approach should be kept on hand for evaluators to refer to throughout the process. 

When scoring bids, it should be clear to evaluators what each score represents in order to ensure consistent application. Avoid using descriptions which are open to interpretation, such as:

  • 1 = Below par
  • 0 = Unacceptable

A more effective scoring document would read:

  • 1 = Insufficient evidence that the contract can be fulfilled; evidence is weak and / or incomplete
  • 0 = No evidence that they have the expertise or experience required to fulfil the contract

Evaluators must ensure that each tender submission is assessed against these evaluation criteria only. They should be objective and not award scores based on comparing tenders against each other.

4. Clarify bids

During the evaluation process, you might come across points in bids that are incomplete, unclear or are missing documents. In this case, you can ask for clarification.

During bid clarification, the bidder can be asked to clarify or complete the relevant information. It is not an opportunity for bidders to improve their bids and it must not provide a competitive advantage to a particular supplier. 

All bid clarification questions must be sent in writing, and the bidder must respond in writing. Make sure the evaluators are clear on your process and how to record questions and answers. There should be a single approved communication route for all correspondence with suppliers.

Finally, clarification questions and answers should always be included within the final contract to ensure they’re legally binding.

5. Moderate scores

The final stage of the bid evaluation process is score moderation. 

Once individual scoring is complete, evaluators send their scores and evaluation reports to a moderator for review. The moderator should be someone with strong facilitation skills who was not part of the original evaluation team.

The moderator will check for anything that might suggest an unfair bid evaluation process, such as:

  • comments that suggest an evaluator considered matters outside the actual bid, such as past experience
  • vague or incomplete score justifications
  • score justifications that are significantly more detailed for some bidders than others
  • inconsistencies between the awarded scores and the reasons given

Individual evaluators may come to different scoring conclusions. The purpose of the moderation process is to review these independent evaluation scores to reach an agreement. This is known as a ‘consensus score’.

The moderation process should not be closed until all evaluators and the moderator are satisfied with the scoring. 

6. Finalise the award process 

Once the moderation process is complete, the next step is to notify successful and unsuccessful bidders in writing. How exactly you do this depends on which piece of legislation the agreement falls under.

For agreements under PCR 2015

Under PCR 2015, this notice should contain required information including:

  • details of the winning bidder
  • the supplier’s scores and those of the winning bid
  • details of why the winning bid was chosen 

For agreements under PA23

Under PA23, these notices are referred to as assessment summaries. You must provide an assessment summary to each supplier that explains why they were successful or unsuccessful. 

However, unlike under PCR 2015, you do not need to provide a comparison between successful and unsuccessful tenders. You just need to provide all unsuccessful suppliers with a copy of the information provided to the successful supplier. 

In addition, an assessment notice may not always be needed. For details on the requirements, see the available guidance on GOV.UK.

7. Wait during the standstill period

A mandatory 10 day standstill period then follows. Exactly when this starts depends on the legislation:

  • for agreements under PCR 2015: when the standstill letters are sent out 
  • for agreements under PA23: when the contract award notice is published

This standstill period gives unsuccessful bidders an opportunity to:

  • consider feedback
  • request further information
  • call for a review of the decision

During the standstill period, it is critical to establish a single point of contact. Other members of the evaluation team should not engage in direct communication with any bidder. 

8. Complete an evaluation report

Finally, you should always prepare an evaluation report, which records the outcome and captures any evidence supporting your scores. This ensures that the process is properly recorded and can stand up to both internal and external scrutiny. 

Your evaluation report should include documentation of all relevant discussions, meetings and decisions. This includes emails, letters and even handwritten notes, however informal.

Find out more

With a better understanding of the bid evaluation process, you can make more confident decisions on your procurements. For your next steps: