Do the 2015 Regulations apply?

The 2015 Regulations will apply if:

• a contract is being procured which meets the definition of a "public service contract", "public supply contract" or "public works contract" in the 2015 Regulations; and
• the body procuring it is a "contracting authority" for the purposes of the 2015 Regulations; and
• the value of the contract is over the relevant value threshold; and
• the procurement is commenced on or after 26 February 2015 (broadly speaking, a procurement will be commenced on the date that the advertisement is sent to the Official Journal of the European Union. If the procurement was commenced before 26 February 2015, the 2006 Regulations will apply rather than the 2015 Regulations).

Note that if the contract is for one of the "light touch regime" services expressly listed at Schedule 3 (for example, health, social, education, cultural, legal and catering services) then the 2015 Regulations will only apply if its value is over a higher threshold of £663,540 inc. VAT. If this threshold is exceeded, an FTS advertisement will be required, and some transparent and non-discriminatory procurement process which treats bidders equally will need to be followed. However this need not be one of the five formal procedures (as would be required if the 2015 Regulations applied in full).

Note that from 1 January 2024 the procurement of NHS healthcare services will drop out of the Light Touch Regime altogether and instead be regulated by the Provider Selection Regime. Click here to read our guidance note on the PSR.