Procurements launched under Public Contracts Regulations 2015 still remain under those regulations. That applies even after the launch of the Procurement Act 2023. Here’s how to remain compliant.

Published 30 August 2024

Last updated 21 August 2026

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: 

Procurement Essentials