Public contract
The overriding policy requirement for public contracts is that they must be based on value for money, defined as “the best mix of quality and effectiveness for the least outlay over the period of use of the goods or services bought”. Ref https://www.gov.uk/guidance/public-sector-procurement-policy
Public contracts are subject to internationally and nationally agreed obligations and regulations that encourage value for money through open competition. This includes adopting the principles of:
- Non-discrimination.
- Free movement of goods.
- Freedom to provide services.
- Freedom of establishment.
- Equality of treatment.
- Transparency.
- Mutual recognition.
- Proportionality.
EU public procurement directives are implemented in member states by national regulations. The Public Contracts Regulations 2015 implement parts of the 2014 EU Procurement Directives, defining the rules for purchasing of goods and services above certain price thresholds by public contracting authorities in the UK (implemented in Scotland through the Public Contract (Scotland) Regulations 2015).
A public contracting authority is defined in the Public Contracts Regulations 2015 as; ‘…the State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, and includes central government authorities, but does not include Her Majesty in her private capacity.’
For more information, see Public contracting authority.
Public projects must comply with the regulations if the value of contracts is above specified thresholds. Private projects may also be required to comply with the regulations if they are subsidised directly by public contracting authorities by more than 50%.
For more information see: OJEU procurement procedures.
The Social Value Act applies to all public services contracts (or framework agreements), and also to those public services contracts which include the purchase or hire of goods or the carrying out of works.
For more information see: Social Value Act.
[edit] Related articles on Designing Buildings Wiki
- Balanced scorecard.
- Best value.
- Construction contract.
- Government Construction Strategy.
- OJEU procurement procedures.
- Public procurement.
- Procurement route.
- Public body.
- Public contract regulations.
- Public contracting authority.
- Public in building design and construction.
- Public project.
- Public realm.
- Public sector.
- Social Value Act.
- Tender processes.
- Transforming Public Procurement Green Paper.
Featured articles and news
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.