Crown Commercial Service’s shares their top tips for navigating the procurement process
The current legislation that governs procurement activity by public sector bodies in England and Wales is the Public Contracts Regulations 2015 (PCR 2015). These regulations aim to ensure that public procurement of products, goods and services is fair, transparent, and non-discriminatory.
PCR 2015 will shortly be replaced as the governing principle of UK procurement by the Procurement Act 2023. The Procurement Act 2023 was made law in October 2023 and is currently expected to go live on 24th February 2025.
However, any commercial agreement created by Crown Commercial Service (CCS) before the go-live date for these new regulations, including any contracts awarded through those agreements, will continue to operate under PCR 2015.
This means that, for a number of years, understanding how PCR 2015 works and remaining compliant with Those regulations will remain vital for anyone involved in managing those agreements and buyers using those agreements to award contracts.
Remaining compliant with PCR 2015 ensures the process can promote accountability, mitigate risks, and achieve value for money for the public sector.
Failure to comply with PCR 2015 can have several significant consequences for any organisation.
These include, but are not limited to, legal challenges being brought against an organisation; financial penalties for non-compliant contracting authorities; the award of damages to an operator which has suffered loss or damages as a result of a breach; and reputational damage.
Top tips for getting the most out of the procurement process
Plan ahead where possible
Before a public sector organisation reaches the point where its existing contracts need to be renewed or replaced or when a future need for any product, good, or service becomes apparent, it can begin to plan its procurement pipeline in advance.
This includes identifying any changes to existing contracts that need to be made, finding the commercial agreements that supply the kinds of services they will need to procure, and knowing the details of the call-off processes under those agreements.
Crown Commercial Service provides a range of commercial agreements (frameworks and dynamic purchasing systems) to central government, the public, and third sectors for the purchase of common goods and services.
Contracting authorities should first engage with CCS when buying common goods, services and works to see if an existing CCS commercial agreement is available.
Procurement process:
Clearly define your requirements
When planning a procurement, it is important for buyers to do their research, determine exactly what they want to achieve from the process, and set out specific requirements.
This can include defining the length of the contract, the exact goods and services being sought, whether the purchase is a one-off or a long-term arrangement, and any other pertinent details that a supplier must be aware of. This is a buyer’s opportunity to be as specific as possible about their requirements and preferences, so make the most of it.
Know the call-off processes available
The buying process that occurs when using a framework is known as the call-off process. In simple terms, it is a set of instructions a buyer must follow when buying through an agreement that helps them carry out a compliant procurement.
For frameworks direct award or further competition tend to be the most common buying processes available. However, the options available to a buyer depend on the agreement they decide to use for their procurement, and they are advised to check which processes are available under their chosen agreement. CCS provides buyer guidance on each of our agreements to help buyers understand the buying process available.
Public sector organisations can call-off through any CCS framework to meet their needs. Once a buying process is selected, it should be followed closely to ensure the resulting contract fully complies with PCR 2015.
The call-off process results in a call-off contract being placed between a buyer and a supplier. This legally binding contract guarantees the details of the arrangement between the two, such as the goods or services being delivered, the price of these, and a delivery timeline.
Find out more about the Procurement process
CCS has created a series of articles called Procurement Essentials to help public sector organisations overcome common hurdles and understand key concepts. You can read all of these articles now.
Public sector buyers can learn more about the call-off process and other important procurement information by visiting our dedicated webpages for buying and supplying through CCS’s commercial agreements.
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