This note discusses the grounds for use of the negotiated procedure without prior publication under regulation 32 of the Public Contracts Regulations 2015 (SI 2015/102). This note was updated to reflect the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (SI 2020/1319) (PPAR 2020) which (except as provided within the PPAR 2020) came into force at 11.00 pm on 31 December 2020 (IP completion day). For an overview of the procurement regime under the Public Contracts Regulations 2015, see Practice note, Public procurement in the UK.

Note: The Cabinet Office has issued procurement guidance in response to the outbreak of the 2019 novel coronavirus disease (COVID-19). The guidance is addressed in Legal update, Cabinet Office publishes PPN 01/20: Responding to COVID-19, Legal update, Cabinet Office publishes PPN 02/20: Supplier relief due to COVID-19, Legal update, COVID-19: PPN 03/20 published on use of procurement cards (Cabinet Office) and Legal update, Cabinet Office publishes PPN 04/20: Recovery and transition from COVID-19. The EC has also published guidance on using the public procurement framework related to the COVID-19 crisis, which is addressed in Legal update, COVID-19: EC publishes guidance on purchasing COVID-19-related supplies and services using EU public procurement framework . See also Legal update, COVID-19: guidance on supporting vital service provision in PFI/PF2 contracts published (Infrastructure and Projects Authority) The contents of this note are potentially affected by this guidance and should be read in conjunction with it.