Cyfraith Caffael
Contractau cyhoeddus, Deddf Caffael 2023, rhwymedïau a chaffael sector.
Cyflwyniad
Mae cyfraith caffael yn rheoleiddio sut mae cyrff y llywodraeth yn dyfarnu contractau.
In Brief
The Procurement Act 2023 requires public bodies to run competitive, transparent, and value-for-money procurement processes. Unsuccessful suppliers have the right to a debrief and can challenge award decisions during the mandatory standstill period. Contracting authorities must publish contract notices on the central digital platform.
Egwyddorion craidd
Covered Procurement — The Act applies to contracts above specified thresholds awarded by contracting authorities (central government, local authorities, NHS, utilities).
Key Principles — Procurement must be carried out in accordance with the objectives of delivering value for money, maximising public benefit, and treating suppliers the same unless a difference is justified.
Competitive Tendering — Contracting authorities must use competitive procedures (open, competitive flexible, etc.) unless a direct award justification applies.
Transparency — Contract notices, award decisions, and contract details must be published on the central digital platform.
Standstill Period — Before entering into a contract, the contracting authority must observe a standstill period, allowing unsuccessful suppliers to challenge the decision.
Remedies — Suppliers can seek court orders including interim measures, set-aside of contract award decisions, and damages.
Statudau allweddol
Procurement Act 2023
Achosion arweiniol
Brent LBC v Risk Management Partners
[2011] UKSC 7
Senarios cyffredin
Supplier believes tender was unfairly evaluated
The supplier should request a debrief and review the evaluation report. If there are grounds for challenge, they can issue proceedings during the standstill period to seek an interim order preventing the contract being entered into, and ultimately seek damages or set-aside of the decision.
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Frequently Asked Questions
Does the Procurement Act 2023 apply to all public contracts?
The Procurement Act 2023 applies to most public contracts above the financial thresholds awarded by contracting authorities (central government, local authorities, NHS bodies) and certain utilities. There are exclusions for certain contracts (e.g. some defence contracts, certain security-sensitive matters). Below-threshold contracts are still subject to transparency and value for money principles.
What is the standstill period in public procurement?
The standstill period is a mandatory waiting period between the decision to award a contract and actually entering into it. Under the Procurement Act 2023, contracting authorities must observe a standstill period (typically 8 working days) after notifying unsuccessful bidders of the award decision. This gives unsuccessful suppliers time to consider challenging the decision before the contract is signed.
What remedies does an unsuccessful bidder have?
An unsuccessful bidder can seek a mandatory debrief from the contracting authority. If they believe the process was flawed, they can issue legal proceedings during the standstill period to prevent the contract being signed (interim injunction), seek set-aside of the award decision, or claim damages. The High Court has jurisdiction for procurement challenges.
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