This chapter is concerned with procurement: the process of advertising the contract, inviting bids from firms, and deciding which bid offers the best value for money. There are four public law standards to which the government should be required to conform at this stage: there should be respect for the requirements of propriety and value for money; all relevant considerations should be taken into account and irrelevant ones disregarded; and fair and transparent contract award procedures should be followed. Many of these requirements are satisfied by the EU procurement regime, implemented in domestic law by the Public Contracts Regulations 2006, which are examined in detail. The chapter also explores the applicable government guidance and common law rules, and offers a critique of the courts' reluctance to make judicial review available for contract award decisions.
Keywords: procurement, propriety, value for money, contract award procedures, contract award decisions