Guidance

Light Touch Summary Document

Published 22 April 2024

The learning manual and all of the material within it has been produced for the purpose of learning and development only, and does not constitute and should not be relied upon as legal or other professional advice. We have aimed to ensure that the information is correct as at 26th July 2024. The content has not been updated following any relevant changes. In particular, the material used in the e-Learning and learning manual has been based on a draft version of the Procurement Regulations 2024 and so users should review the Procurement Regulations 2024 laid before Parliament and the guidance issued by Cabinet Office in due course.

A. Introduction

Scope of summary document

This document provides an overview of light touch contracts in the Procurement Act and regulations. Whilst light touch contracts will now be subject to the general rules within the Act (as set out in Summary Documents 1-9), there are some exemptions specifically for light touch contracts and some changes from the light touch regime to the Procurement Act.

This document provides details of:

• The key changes against the previous regulations (primarily by reference to the Public Contracts Regulations 2015 (PCR 2015) and the light touch regime)

• The exemptions in the Procurement Act for light touch contracts, and

• What a contracting authority must do to be compliant with the Procurement Act whilst highlighting the opportunities in the Act and how they can be exploited to get the most public benefit.

Light touch contracts defined

Section 9 (light touch contracts) of the Procurement Act defines light touch contracts as contracts wholly or mainly for the supply of services of a kind specified in regulations. These “light touch services” are set out in Schedule 1 of the Procurement Regulations 2024, using common procurement vocabulary (CPV) codes. The scope of services that can be procured using a light touch contract has broadly remained the same as those in the light touch regime under the PCR 2015. Table 1 of Schedule 1 to the Procurement Regulations 2024 specifies the general light touch services, which includes:

• Health, social and related services

• Administrative social, educational, healthcare and cultural services

• Compulsory social security services

• Benefit services

• Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisations services

• Religious services

• Hotel and restaurant services

• Legal services (not otherwise exempt under the Act)

• Other administrative services and government services

• Provision of services to the community

• Prison related services, public security and rescue services (not otherwise exempt under the Act)

• Investigation and security services

• International services

• Postal services, and

• Miscellaneous services

Table 2 of Schedule 1 to the Procurement Regulations 2024 specifies additional light touch services, but only where those services are supplied under certain defence and security contracts.

B. Overview

Light touch contracts (section 9) are public contracts that are subject to more flexible procurement rules (and these flexibilities broadly reflect the same regime that was available under PCR 2015) for certain social, health, education and other public services, or “light touch services”.

Light touch services are defined by reference to a list which uses ‘CPV codes’^{[footnote 1]} to identify the services. These are specified in Schedule 1 to the Procurement Regulations 2024. This list may be added to or amended by a Minister of the Crown, should the need arise.

The Procurement Act also introduces a new ground to justify the direct award^{[footnote 2]} of a contract for light touch services where there is a legal justification to do so due to ‘user choice’ (in Schedule 5, paragraphs 15-17). There are also some provisions for the establishment of a light touch framework (section 9(5)).

C. Changes and exemptions

This section contains details of the exemptions and new provisions applicable to light touch contracts under the Procurement Act.

A quick reference guide to these exemptions and provisions can be found in the Light Touch Contract cheat sheet.

The information in this document is organised on a topic by topic basis, following the procurement lifecycle and should be reviewed alongside the relevant summary documents 1-9. Unless stated here, the general rules of the Procurement Act apply in full to light touch contracts.

1. Scope, Definitions and Principles

Thresholds

Light touch contacts have their own thresholds as set out in Schedule 1 to the Act:

Type of contract	Threshold amount (including VAT) as of January 2024
Light touch contracts (including defence and security light touch contracts - see defence and security summary document)	£663,540
Utilities contract that is a light touch contract (see utilities summary document)	£884,720
Light touch contract that is a concession contract	£5,372,609

The “light touch” thresholds in Schedule 1 are not determined by the Government Procurement Agreement (GPA) and as such are not subject to change every two years. Where a light touch contract is also a concession contract, the higher threshold used for concession contracts applies. This threshold continues to align with the UK GPA threshold for construction services which is Special Drawing Rights (SDR) 5,000,000 (currently £5,372,609) and is updated every two years.

Exempted Contracts

The Health Care Services (Provider Selection Regime) Regulations 2023 (PSR 2023) are a new set of bespoke procurement regulations covering procurement of certain healthcare services in England (not Wales). The services in scope of PSR 2023 are set out in Schedule 1 of those regulations and describe services delivered to patients and service users by ‘relevant authorities’, which include NHS trusts and local authorities. The Procurement Act does not apply to procurements that are properly in scope of the PSR 2023 (see regulation 49 of the Procurement Regulations 2024). The Procurement Act will cover all other goods, services, and works purchased by such ‘relevant authorities’ (e.g. NHS trusts and local authorities). It will be important for contracting authorities to check whether the Procurement Act or the PSR 2023 apply from the earliest stage of procurement planning.

See Summary Document 1: Scope, Definitions and Principles for further information.

2. Transparency

Light touch contracts benefit from lighter regulation in that they are exempt from certain provisions of the Procurement Act in relation to the publication of notices both before and beyond the award of the contract. In respect of light touch contracts awarded under the ground of user choice, there is even greater flexibility; this is covered later in the procedures section.

The table below shows a summary of the transparency requirements for above threshold light touch contracts, further detail can be found in the Transparency Summary Document

Notice	Applicable	Exceptions
Pipeline notice	Y
Preliminary market engagement notice	Y
Planned procurement notice	Y	A qualifying planned procurement notice would not be needed for the purposes of reducing time periods as there are no mandated minimum period for light touch contracts
Tender notice	Y	Must identify that the contract is a light touch contract Regulation 18(2)(q) exempts contracting authorities from the requirement to provide a justification in the tender notice if not dividing the contract into lots
Transparency notice	Y	Except for when undertaking a direct award on the ground of user choice Must identify that the contract is a light touch contract
Contract award notice	Y	Except for when undertaking a direct award on the ground of user choice Must identify that the contract is a light touch contract
Contract details notice	Y	Have a longer time period of 120 days to publish the notice Not applicable when undertaking a direct award on the ground of user choice Must identify that the contract is a light touch contract
Copy of the Contract	Y	Where the estimated value of the light touch contract is over £5 million, a copy of the contract must be published but there is a longer time period of 180 days to publish
Contract performance notice	N
Contract change notice	N
Contract termination notice	Y	Except for when undertaking a direct award on the ground of user choice
Procurement termination notice	Y
Payments compliance notice	Y

See Summary Document 2: Transparency for further information.

3. Procedures

Duty to consider lots

Change: Under the light touch regime in the PCR 2015, the consideration of lots was not mandated, although doing so was considered to be best practice. It is now a requirement under the Procurement Act to consider the use of lots for a light touch contract prior to undertaking a procurement and publishing a tender notice. Where a contracting authority determines that lots could be reasonable and appropriate, they must either use lots or keep a record for not doing so.

Benefit: This duty supports the duty to have regard to SMEs and allows for greater opportunity for smaller suppliers to participate in public procurements. This is particularly useful for light touch contracts where there may be a number of small, local services providers.

Competitive tendering procedures

As they did under PCR 2015, contracting authorities have the freedom to design appropriate competitive tendering procedures for light touch contracts under the Procurement Act by utilising the full flexibilities of the new competitive flexible procedure (see competitive flexible procedure summary document), although an open procedure can still be used.

Time limits

The minimum time limits for participation and tendering periods for light touch contracts are not mandated (section 54), allowing for time-critical and sensitive services to be procured more swiftly. However, contracting authorities must take into account the overall procurement objectives and the considerations at section 54(1) when setting time periods and ensure that timescales are proportionate and reasonable for the nature of the requirement and the complexity of the procurement process. Any time limit imposed must be the same for each supplier.

Mixed procurement

Where a contract is not solely for light touch services, the mixed procurement special regime rules also need to be applied (section 10) (procedures summary document). For example, where certain goods or services under a light touch contract are reasonably capable of being supplied under a separate contract or framework. Where that separate contract or framework would itself not be a special regime contract of the same kind (or even at all) but would be above the threshold applicable to it, and the contracting authority chooses to procure both elements together, the resulting combined contract will not be treated as a light touch contract.

Direct award

Light touch contracts can utilise the grounds in the Procurement Act that justify direct award to a supplier without running a competition. The following new ground is specific to light touch contracts.

User choice contracts

Change: where a public contract is for user choice services, meaning light touch-defined services supplied for the benefit of a particular individual (end user), this is now a ground for a direct award (schedule 5). This ground can only be used where the contract is for user choice services and where certain conditions are met.

Benefit: Critical and sensitive care and support contracts can be entered into directly with the end user’s (or their carers’) preferred or selected supplier without the need for a full competitive tendering procedure, which may result in an outcome that is not the right one for the individual based on their (or their carers’) own personal preferences and needs.

User choice services are:

• services that are light touch services as specified in Schedule 1 to the Procurement Regulations 2024,

• for the benefit of a particular individual (end user), and

• services where the contracting authority would be legally required to consider the views of the end user, or their carers, in relation to who should supply the services

And the conditions for using this ground to undertake a direct award are:

• The end user or their carer has expressed a preference as to which supplier should provide the services or there is only one supplier capable of providing the service, and

• The contracting authority considers that a competitive tendering procedure would not be in the best interests of the end user

Direct awards made based on the ground of user choice are not subject to the same transparency requirements as a direct award under any other ground (see procedures summary document). This means that the following do not have to be published:

• A transparency notice

• Any other notices, namely:

  - Contract award notice

  - Contract details notice

  - A contract termination notice

Other obligations such as issuing assessment summaries to suppliers and publishing a copy of the contract also do not apply.

Direct awards for other light touch contracts

When undertaking a direct award for a light touch contract that is not based on user choice (i.e. using any of the other direct award grounds in Schedule 5), a transparency notice must be published (see procedures summary document) as well as the other relevant notices during the award and life of the contract.

Modifying a procurement

For light touch contracts there is greater flexibility to make any necessary modifications to a procedure which is already underway. Section 31(2)(b) (modifying a section 19 procurement) allows modifications, even if considered to be substantial, to be made up until the tender deadline for light touch contracts.

When making such modifications contracting authorities must:

• Have regard to the procurement objectives (section 12) and consider revising any applicable timescales as a result of such modification (section 31(4)).

• Revise and republish the tender notice (and/or update any associated tender documents) if they are impacted by the modification or the revised timescales (section 31(5))).

• Notify the participating suppliers of such changes (section 31(6)).

See Summary Document 3: Procedures, for further information.

4. Competitive Flexible Procedure

Reserving contracts to public service mutuals

In respect of certain, specified light touch contacts, the ability to reserve contracts to qualifying public service mutuals has been retained as long as the contract term is for 5 years or less (section 33(1)).

Where a contract is being reserved to a public service mutual, only the competitive flexible procedure can be used (section 33(2)). The open procedure cannot be used as the market is being restricted to suppliers who meet the requirements of a qualifying public service mutual. Contracting authorities must disregard any tenders from suppliers that are not qualifying public service mutuals (section 33(4)).

Public service mutuals are organisations that operate for the purpose of delivering public services and mainly for the purpose of delivering one or more reservable light touch services, are not for profit or provide for the distribution of profits only to its members and are under the management and control of its employees. To be a qualifying public service mutual, the organisation must not have entered into a reserved contract for the same kind of light touch services with the same contracting authority in the previous 3 years.

The ability to reserve a contract to a public service mutual can help contracting authorities to deliver on social value commitments by awarding contracts to suppliers that have such priorities at the heart of their organisation. Whilst reserving contracts is encouraged, it must be considered in the wider context of value for money.

See Table 1 in Schedule 1 to the Procurement Regulations 2024 where the light touch services which are specified as a reservable light touch service are identified by the letter “R” in column 3.

See Summary Document 4: Competitive Flexible Procedure, for further information.

5. Frameworks and Dynamic Markets

Frameworks

Change: The definition of a light touch contract under the Act captures a framework for the future award of contracts wholly or mainly for light touch services (referred to here as “light touch frameworks”). A framework is a contract between a contracting authority and one or more suppliers that provides for the future award of contracts to a supplier or suppliers (commonly known as call off contracts).

This means that generally light touch frameworks are subject to the framework rules prescribed under the Act, for example establishing a framework (see Frameworks and Dynamic Markets summary document). However, there are a number of exceptions from the general rules (see sections 45(9), 46(11) and 47(5)).

Section 45(9) removes the requirement for competition between suppliers on a light touch framework in all circumstances, so it is permissible for contracting authorities to award a contract directly to a supplier without carrying out a competition if the light touch framework terms and conditions allows for this. It also removes the requirement to include certain information in the framework.

However, where a framework, that is not a light touch framework, is being used to call off a light touch contract, a contract cannot be awarded under the framework without carrying out a competition unless section 45(4) applies.

Examples

A framework for social care services procured as a light touch framework would allow for call off contracts to be awarded directly to a supplier without carrying out a competition.

If the framework is not a light touch framework e.g. an ICT software framework with a training lot (which are light touch services), the full framework rules in the Act apply, regardless as to whether a light touch contract is being awarded under it or not. In this circumstance, the contract could not be directly awarded to the supplier unless there is only one supplier on the framework or the framework sets out the core terms of the contract to be awarded and an objective mechanism for selecting the supplier (i.e. if section 45(4) applies)

There is no maximum term specified for a light touch framework contract (section 47(5)(c)), although the term should be relevant and proportionate to the type of services and the market to ensure that competition and value for money is maintained over time.

Open Frameworks and Dynamic Markets

The general rules in the Procurement Act for Open Frameworks and Dynamic Markets apply in full for light touch contracts (Frameworks and Dynamic Markets summary document).

See Summary Document : Frameworks and Dynamic Markets, for further information.

6. Supplier Selection

Exclusions

Change: Under the light touch regime in PCR 2015, the application of exclusion grounds was not mandated, although doing so was considered to be best practice. Exclusion grounds now apply in full to light touch contracts in the same way as other public contracts, meaning that contracting authorities awarding light touch contracts must now consider whether a supplier is an excluded or excludable supplier based on the exclusion grounds before assessing their tender.

Benefit: Through assessing the exclusion grounds contracting authorities can be assured that the suppliers being awarded a contract do not pose unacceptable risks. Assessing this up front reduces the risk of issues arising during the term of the contract that may put critical services such as fostering or domestic abuse services in jeopardy which would be detrimental to the end users and the reputation of the contracting authority.

For direct awards for light touch and user choice contracts, this now means that excluded suppliers cannot be directly awarded to, unless there is an overriding public interest in awarding the contract to the supplier.

See Summary Document 6: Supplier Selection, for further information.

7. Assessment and award

End user/service recipient choice - in assessment and award criteria

The main rules around award criteria apply (see Assessment and Award summary document). However there are some additional flexibilities that can be considered to help ensure the most appropriate outcome. The requirement for the award criteria to relate to the subject matter of the contract is widened for certain light touch contracts so that the subject matter of the contract also includes views, needs and the benefit to “particular individuals” (end users).

Change: Under section 23(6) of the Act there is the ability to consider certain views and needs of the end user/service recipient in the award of contracts which are for the benefit of an end user/service recipient.

Benefit: light touch contracts can now be procured to better suit the specific individual (end user) needs and requirements of the service user resulting in more appropriate and fit for purpose contracts.

In such contracts the award criteria may also make reference to:

• the views of the individual (end user) for whose benefit the service is being provided or of a person providing care to that individual (end user) in relation to:

  - who should supply the services, and

  - how and when they should be supplied;

• the different needs of different service recipients;

• the importance of proximity between the supplier and service recipients for the effective and efficient supply of the services.

Example award criteria:

• Accessibility for individuals with severe incapacitating disabilities requiring specialised mobile text to speech technology.

• Service providers must be located within 10 miles of the service recipient’s family

• Treatment premises must meet specific accessibility requirements

Contract Award

Assessment summaries

Change: Awards made for light touch contracts require assessment summaries to be issued to suppliers prior to the contract award notice being published. The contract award notice signals the intention to enter into a contract, and initiates the start of a standstill period (where one is to be observed). However, there is no requirement to observe a standstill period for light touch contracts (section 51(3)(f)), although it is considered best practice to do so.

Benefit: the assessment summary will provide a more consistent quality of information to unsuccessful suppliers and where planned for throughout the procurement process will be less burdensome for contracting authorities.

The Assessment and Award summary document covers assessment summaries and contract award in more detail.

Contract details notice

Change: Under the PCR 2015, contract award notices for light touch contracts could be grouped and published within 30 days of the end of each quarter. The Procurement Act requires the contract details notice to be published within 120 days of the light touch contract being entered into (section 53(1)(a)) and if the light touch contract is over £5m, then a copy of the contract must also be published within 180 days of the contract being entered into (section 53(3)(a)).

Benefit: The timescales for publishing light touch contract notices are longer, meaning that there is the ability to focus more time initially on implementing the contract and ensuring the smooth transition of sensitive services to new providers.

As a reminder - contract award notices and contract details notices do not have to be published for contracts entered into via direct award based on the user choice ground in paragraph 15 of Schedule 5.

See Summary Document 7: Assessment and Award, for further information

8. Remedies, Procurement Oversight and Debarment

The remedies set out in Part 9 of the Act also apply to light touch contracts (see Remedies, Procurement oversight and the Debarment List summary document).

However, contracting authorities should note:

• The automatic suspension of the entry into or modification of contracts (section 101) only applies to light touch contracts when a voluntary standstill period is observed (see contract governance section below)

• Post contractual remedies:set aside conditions (in section 105), have the following considerations in the context of light touch contracts

  - “A required contract award notice was not published” (section 105(1)(a)) - this set aside condition is not applicable to direct awards made under the ground of ‘user choice,’ as the publication of a contract award notice is not mandatory.

  - “Contract was entered into or modified before end of any applicable standstill period)” (section 105(1)(b)) - this will apply to light touch contracts where a voluntary standstill is notified in the contract award notice.

  - “In the case of a modification under section 74, the breach became apparent only on publication of a contract change notice” (section 105(1)(e)) - this is not applicable to light touch contracts as a contract change notice is not mandatory, although it would apply where a voluntary contract change notice is published.

See Summary Document 8: Remedies, Procurement oversight and the Debarment List, for further information.

9. Contract Governance

There are a number of exemptions to the contract governance obligations (outlined in the Contract Governance summary document) under the Procurement Act for light touch contracts:

• Key Performance Indicators (KPIs) - KPIs are not mandated for light touch contracts (Section 52(6)(d)), although it is considered best practice to ensure there is a way to measure contractual performance.

• Assessment of contract performance - As KPIs are not mandated for light touch contracts, there is also no requirement to assess and publish performance information, even where KPIs may have been voluntarily agreed (section 71(1)). Contracting authorities are also not mandated to publish information relating to a supplier breach or failure to perform the contract (section 71(6)).

• Modifying public contracts - This provides the ability for modifications to be made to light touch contracts during their term, without having to ensure one of the permitted grounds applies. This means substantial or above threshold modifications could be made(section 74(2)), however contracting authorities should have regard to the procurement objectives.

• Contract Change Notices - For any modifications made to a light touch contract, the contracting authority does not have to publish a contract change notice (section 75(6)(b)).

• Publication of modifications - As a contract change notice is not required when modifying a light touch contract, there is also no requirement to publish the modified contract or details of the modification (section 77(2)(a))

Change: Contracting authorities are now required to publish a contract termination notice within 30 days of a light touch contract being terminated (section 80).

Benefit: this notice enables suppliers, contracting authorities and the public to see when a contract has formally ended (see contract governance summary document)

Reminder - the requirement to publish a contract termination notice does not apply to a contract awarded via direct award based on the user choice ground.

See Summary Document 9 Contract Governance, for further information

85. Procurement Act sections: Which sections apply to light touch and user choice?

This learning aid is designed to be a quick reference guide to the provisions that apply to light touch contracts and light touch contracts that are awarded under the grounds of user choice (user choice contracts), and where there are key changes to the previous light touch regime and where there are exceptions from the general rules of the Procurement Act 2023.

Part 1 key definitions

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
1	Procurement and covered procurement	Yes	N/A	Yes
2	Contracting authorities	Yes	N/A	Yes
3	Public contracts	Yes	N/A	Yes
4	Valuation of contracts	Yes	N/A	Yes
5	Mixed procurement: above and below threshold	Yes	N/A	Yes
6	Utilities contracts	Yes	N/A	Yes
7	Defence and security contracts	Yes	N/A	Yes
8	Concession contracts	Yes	N/A	Yes
9	Light touch contracts	Yes	Light touch services (within stated common procurement vocabulary (CPV) designated by appropriate authority) contracts now include light touch frameworks which are public contracts providing for the future award of contracts that are either wholly or mainly for light touch services.	Yes
10	Mixed procurement: special regime contracts	Yes	A light touch contract is a “special regime contract” for the purposes of a mixed procurement.Where a contract is not solely for light touch services the mixed procurement special regime rules apply.	Yes

Part 2 principles and objectives

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
11	Covered procurement only in accordance with this act	Yes	N/A	Yes
12	Covered procurement: objectives	Yes	N/A	Yes
13	The national procurement policy statement	Yes	N/A	Yes
14	The Wales procurement policy statement	Yes	N/A	Yes

Part 3 award of public contracts and procedures

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
15	Planned procurement notice	Yes	Contracting authorities may publish a planned procurement notice for light touch contacts, however a qualifying planned procurement notice would not be needed for the purposes of reducing time periods as there are no mandated minimum period for light touch contracts. See section 54.	No
16	Preliminary market engagement	Yes	N/A	No
17	Preliminary market engagement notices	Yes	N/A	No
18	Duty to consider lots	Yes	The duty to consider lots is now also mandated for light touch contracts.	No
19	Award of public contracts following a competitive tendering procedure	Yes	Light touch contracts must be awarded based on MAT, tenders that do not meet conditions of participation must be disregarded and may also disregard tenders from non UK suppliers or treaty state suppliers or subcontractors. Tenders can be reserved to qualifying public service mutuals - see section 33 below.	No
20	Competitive tendering procedures	Yes	Freedom to design appropriate procedures for light touch contracts provided that the tender notice or associated tender documents clearly outlines the procurement procedure to be followed. Tenders can be reserved to qualifying public service mutuals - see section 33 below.	No
21	Tender notices and associated tender documents	Yes	N/A	No
22	Conditions of participation	Yes	N/A	No
23	Award criteria	Yes	The views of an individual for whose benefit the services are to be supplied (service recipient) or a person providing care to the service recipient regarding the different needs of of different service recipients, who, when and how the services are provided as well as the proximity (of care, etc.) can be taken into consideration for the award criteria for user choice contracts.	No
24	Refining award criteria	Yes	N/A	No
25	Sub-contracting specifications	Yes	N/A	No
26	Excluding suppliers from a competitive award	Yes	Exclusions now apply meaning an excluded supplier must not be awarded the contract and an excludable suppliers tender may be disregarded.	No
27	Excluding suppliers from a competitive flexible procedure	Yes	Exclusions now apply meaning an excluded supplier must not be awarded the contract and an excludable suppliers tender may be disregarded.	No
28	Excluding suppliers by reference to sub-contractors	Yes	Exclusions now apply meaning an excluded supplier must not be awarded the contract and an excludable suppliers tender may be disregarded.	No
29	Excluding a supplier that is a threat to national security	Yes	Exclusions now apply meaning an excluded supplier must not be awarded the contract and an excludable suppliers tender may be disregarded.	No
30	Excluding suppliers for improper behaviour	Yes	Exclusions now apply meaning an excluded supplier must not be awarded the contract and an excludable suppliers tender may be disregarded.	No
31	Modifying a section 19 procurement	Yes	For light touch contracts substantial amendments can be made at any time up until the deadline for submitting a final tender.	No
32	Reserving contracts to supported employment providers	Yes	N/A	No
33	Reserving contracts to public service mutuals	Yes	Light touch contracts are reservable, subject to a contract term of 5 years or less, for a public service mutual body. The same public service mutual cannot have provided the same service to the contracting authority in the preceding 3-years.	No
34	Competitive award by reference to dynamic markets	Yes	N/A	No
35	Dynamic markets: establishment	Yes	N/A	No
36	Dynamic markets: membership	Yes	N/A	No
37	Dynamic markets: removing members from the market	Yes	N/A	No
38	Dynamic markets: fees	Yes	N/A	No
39	Dynamic market notices	Yes	N/A	No
40	Qualifying utilities dynamic market notices: no duty to publish a tender notice	No	N/A	No
41	Direct award in special cases	Yes	Excluded suppliers cannot be directly awarded to unless there is an overriding public interest.	Yes
42	Direct award to protect life etc	Yes	N/A	No
43	Switching to direct award	Yes	N/A	No
44	Transparency notices	Yes	Except when when awarding a contract via a direct award on the ground of user choice - see section 23 above.	No
45	Frameworks	Yes	Except sections 45 (3) to (5) provides exemptions from the competitive selection process requirements and the information requirement which gives greater flexibility around the competitive selection processes and the information to be included as part of the framework.	No
46	Frameworks: competitive selection process	No	Light touch frameworks are not subject to this section leading to greater flexibility around the competitive selection process.	No
47	Frameworks: maximum terms	No	Light touch contracts are not subject to this clause meaning there is no maximum term for a light touch framework.	No
48	Frameworks: implied terms	Yes	N/A	No
49	Open frameworks	Yes	N/A	No
50	Contract award notices and assessment summaries	Yes	Except when awarding a contract via a direct award on the ground of user choice.	No
51	Standstill periods on the award of contracts	No	Light touch contracts are not subject to this section meaning there is no requirement for a mandatory standstill period before the award of light touch contracts.	No
52	Key performance indicators	No	Light touch contracts are not subject to this section meaning that KPIs are not mandated for light touch contracts, although it is best practice to measure performance.	No
53	Contract details notices and publication of contracts	Yes	Light touch contracts have a period of 120 days from when the contract was entered into to publish the contract details notice, compared to the standard 30 days. Light touch contracts over £5m have a period of up to 180 days for publication rather than the standard 90. A contract details notice is not required whalen awarding a contract via a direct award on the ground of user choice.	No
54	Time limits	Yes	There are no mandated competition process minimum timescales for light touch contracts, however you should have regard to the procurement objectives when setting time limits.	No
55	Procurement termination notices	Yes	N/A	No
56	Technical specifications	Yes	N/A	No
57	Meaning of excluded and excludable supplier	Yes	Exclusions now apply to light touch contracts.	Yes
58	Considering whether a supplier is excluded or excludable	Yes	Exclusions now apply to light touch contracts.	Yes
59	Notification of exclusion of supplier	Yes	Exclusions now apply to light touch contracts.	Yes
60	Investigations of supplier: exclusion grounds	Yes	Exclusions now apply to light touch contracts.	Yes
61	Investigation under section 60: reports	Yes	Exclusions now apply to light touch contracts.	Yes
62	Debarment list	Yes	Exclusions now apply to light touch contracts.	Yes
63	Debarment decisions: interim relief	Yes	Exclusions now apply to light touch contracts.	Yes
64	Debarment list: application for approval	Yes	Exclusions now apply to light touch contracts.	Yes
65	Debarment decisions: appeals	Yes	Exclusions now apply to light touch contracts.	Yes
66	Debarment proceedings and closed material procedure	Yes	Exclusions now apply to light touch contracts.	Yes

Part 4 management of public contracts

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
67	Electronic invoicing: implied term	Yes	N/A	Yes
68	Implied payment terms in public contracts	Yes	N/A	Yes
69	Payments compliance notices	Yes	N/A	Yes
70	Information about payments under public contracts	Yes	Light touch contracts must publish specified information of any payment of more than £30k.	Yes
71	Assessment of contract performance	No	Light touch contracts are not subject to this section, meaning that contracting authorities are not mandated to publish supplier performance data for light touch contracts (even if KPIs have been set) - see section 52 above.	No
72	Sub-contracting: directions	Yes	N/A	Yes
73	Implied terms in sub-contracts	Yes	N/A	Yes
74	Modifying a public contract	No	Light touch contracts are not subject to this section, which permits greater flexibility for modifications to be made to light touch contracts during their term and could possibly be substantial or above threshold, but contracting authorities should have regard to the procurement objectives see section 75 below.	No
75	Contract change notices	No	Light touch contracts are not subject to this section which means that for any modifications made to a light touch contract, the contracting authority does not have to publish a contract change notice. See section 74 above.	No
76	Voluntary standstill period on the modification of contracts	No	The voluntary standstill period does not apply to light touch contracts as there is no requirement to publish a contract change notice under section 75.	No
77	Publication of modifications	No	Publication of modifications does not apply to light touch contracts as there is no requirement to publish a contract change notice under section 75.	No
78	Implied right to terminate public contracts	Yes	N/A	Yes
79	Terminating public contracts: national security	Yes	N/A	Yes
80	Contract termination notices	Yes	Except when awarding a contract via a direct award on the ground of user choice.	No

Part 5 conflicts of interest

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
81	Conflicts of interest: duty to identify	Yes	N/A	Yes
82	Conflicts of interest: duty to mitigate	Yes	N/A	Yes
83	Conflicts assessments	Yes	Applies to all light touch contracts except those awarded via a direct award under the ground of user choice as there is no obligation to publish any of the relevant notices defined in this section.	No

Part 6 below-threshold contracts

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
84	Regulated below-threshold contracts	Yes	N/A	Yes
85	Regulated below-threshold contracts: procedure	Yes	N/A	Yes
86	Regulated below-threshold contracts: duty to consider small and medium-sized enterprises	Yes	N/A	Yes
87	Regulated below-threshold contracts: notices	Yes	N/A	Yes
88	Regulated below-threshold contracts: implied payment terms	Yes	N/A	Yes

Part 7 implementation of international obligations

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
89	Treaty state suppliers	Yes	N/A	Yes
90	Treaty state suppliers: non-discrimination	Yes	N/A	Yes
91	Treaty state suppliers: non discrimination in Scotland	Yes	N/A	Yes
92	Trade disputes	Yes	N/A	Yes

Part 8 information and notices: general provisions

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
93	Pipeline notices	Yes	N/A	Yes
94	General exemptions from duties to publish or disclose information	Yes	N/A	Yes
95	Notices, documents and information: regulations and online system	Yes	N/A	Yes
96	Electronic communications	Yes	N/A	Yes
97	Information relating to a procurement	Yes	N/A	Yes
98	Record-keeping	Yes	N/A	Yes
99	Data protection	Yes	N/A	Yes

Part 9 remedies for breach of statutory duty

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
100	Duties under this act enforceable in civil proceedings	Yes	N/A	Yes
101	Automatic suspension of the entry into or modification of contracts	No	This section only applies to light touch contracts if a voluntary standstill period is used.	No
102	Interim remedies	Yes	N/A	Yes
103	Pre-contractual remedies	Yes	N/A	Yes
104	Post-contractual remedies	Yes	N/A	Yes
105	Post-contractual remedies: set aside conditions	Yes	Exceptions: A required contract award notice was not published. Not applicable to direct awards made under the ground of user choice as the publication of a contract award notice is not mandatory. Contract was entered into or modified before end of any applicable standstill period. Not applicable to light touch contracts as a standstill is not mandatory, however this would apply where a voluntary standstill period, which has been detailed within the tender notice and/or associated tender documents, has been undertaken. In the case of a modification under section 74, the breach became apparent only on publication of a contract notice. Not applicable to light touch contracts as a contract change notice is not mandatory.	Yes
106	Time limits on claims	Yes	N/A	Yes
107	Part 9 proceedings and closed material procedure	Yes	N/A	Yes

Part 10 procurement oversight

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
108	Procurement investigations	Yes	N/A	Yes
109	Recommendations following procurement investigations	Yes	N/A	Yes
110	Guidance following procurement investigations	Yes	N/A	Yes

Part 11 appropriate authorities and cross-border procurement

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
111	Welsh Ministers: restrictions on the exercise of powers	Yes	N/A	Yes
112	Northern Ireland department: restrictions on the exercise of powers	Yes	N/A	Yes
113	Minister of the crown: restrictions on the exercise of powers	Yes	N/A	Yes
114	Definitions relating to procurement arrangements	Yes	N/A	Yes
115	Powers relating to procurement arrangements	Yes	N/A	Yes

Part 12 amendments and appeals

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
116	Disapplication of duty in section 17 of the Local Government Act 1988	Yes	Applies to the contracting authority - applicable where the contracting authority procuring the light touch contract is relevant authority defined under the Local Government Act 1988.	Yes
117	Single source defence contracts	Yes	N/A	Yes
118	Concurrent powers and the Government of Wales Act 2006	Yes	N/A	Yes
119	Repeals etc	Yes	N/A	Yes

Part 13 general

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
120	Application of this act to procurement by NHS England	Yes	For healthcare procurement there will be further exemptions where the act will be disapplied in relation to healthcare procurement by NHS in England (where the Provider Selection Regime (PSR 2023 regulations) will apply).	Yes
121	Power to amend this act in relation to private utilities	No	N/A	No
122	Regulations	Yes	N/A	Yes
123	Interpretation	Yes	N/A	Yes
124	Index of defined expressions	Yes	N/A	Yes
125	Power to make consequential, etc, provision	Yes	N/A	Yes
126	Extent	Yes	N/A	Yes
127	Commencement	Yes	N/A	Yes
128	Short title	Yes	N/A	Yes

Schedules

Section number	Section title	Applicable to light touch contracts	Key changes or part exemptions	Applicable to user choice direct award contracts
1	Threshold amounts	Yes	There are different thresholds for light touch contracts.	Yes
2	Exempted contracts	Yes	N/A	Yes
3	Estimating the value of a contract	Yes	N/A	Yes
4	Utility activities	Yes	N/A	Yes
5	Direct award justifications	Yes	In particular, user choice contracts.	Yes
6	Mandatory exclusion grounds	Yes	N/A	Yes
7	Discretionary exclusion grounds	Yes	N/A	Yes
8	Permitted contract modifications	No	Light touch contracts are not subject to this section meaning that there is greater flexibility for modification to light touch contracts.	No
9	Treaty state suppliers (specified international agreements)	Yes	N/A	Yes
10	Single source defence contracts	No	N/A	No
11	Repeals and revocations	Yes	N/A	Yes

87. Light touch contracts: Process flows

This learning aid is designed to demonstrate step by step process flows that apply to contracts that meet the definition of a ‘light touch contract’ as outlined in section 9 of the Procurement Act 2023, including transparency requirements, minimum time periods and aspects of best practice.

Open procedure for light touch contracts

1. Publish planned procurement notice (optional).

2. Publish preliminary market engagement notice and undertake preliminary market engagement.

You must publish a preliminary market engagement notice if undertaking pre-market engagement, but pre-market engagement is optional.

3. Publish tender notice for open procedure.

4. Tendering period - no minimum timescales.

5. Determine whether the supplier is an excluded or an excludable supplier.

6. Assess whether the tender is suitable, including:

a. assessing the conditions of participation

b. where a supplier or any of their nominated subcontractor is not a UK or treaty state supplier whether you choose to disregard the tender

c. whether the tendered price is considered to be abnormally low

d. whether there is evidence of corruption or collusion

e. whether the tender meets all of the requirements

f. whether the tender has breached any procedural requirements

7. Assess award criteria.

8. Issue assessment summaries.

9. Publish contract award notice.

10. Observe voluntary standstill period (optional).

11. Enter into contract.

12. Publish contract details notice within 120 days.

13. Publish copy of contract within 180 days where applicable (contracts over £5m).

14. Could happen at any time during the term of the contract:

a. publish contract payment notice (where applicable - payments over £30k)

b. publish payments compliance notice

15. Publish contract termination notice.

Direct award for light touch contracts - except for user choice

1. Identify requirement.

2. Ensure direct award ground is met.

3. Option to publish a transparency notice now.

4. Identify supplier(s).

5. Determine whether the supplier is an excluded or an excludable supplier.

6. Assess best value (informal competition).

7. Publish transparency notice if not already done so.

8. Agree terms.

9. Publish contract award notice.

10. Observe voluntary standstill period (optional).

11. Enter into contract.

12. Publish contract details notice within 120 days.

13. Publish copy of contract within 180 days where applicable (contracts over £5m).

14. Could happen at any time during the term of the contract:

a. publish contract payment notice (where applicable - payments over £30k)

b. publish payments compliance notice

15. Publish contract termination notice.

Direct award for user choice contracts

1. Identify requirement.

2. Ensure direct award ground is met.

3. Option to publish a transparency notice now.

4. Identify supplier(s).

5. Determine whether the supplier is an excluded or an excludable supplier.

6. Assess best value (informal competition where appropriate).

7. Publish transparency notice if not already done so.

8. Agree terms.

9. Award contract.

Establishing a light touch framework

1. Publish planned procurement notice (optional).

2. Publish preliminary market engagement notice and undertake preliminary market engagement.

You must publish a preliminary market engagement notice if undertaking pre-market engagement, but pre-market engagement is optional.

3. Publish tender notice and associated tender documents for frameworks based on competitive procedure (open or competitive flexible procedure).

4. Participation and / or tendering period - no minimum timescales.

5. Determine whether the supplier is an excluded or an excludable supplier.

6. Assess whether the tender is suitable, including:

a. assessing the conditions of participation

b. where a supplier or any of their nominated subcontractor is not a UK or treaty state supplier whether you choose to disregard the tender

c. whether the tendered price is abnormally low

d. whether there is evidence of corruption or collusion

e. whether the tender meets all of the requirements

f. whether the tender has breached any procedural requirements

7. Assess award criteria.

8. Issue assessment summaries.

9. Publish contract award notice.

10. Observe voluntary standstill period (optional).

11. Enter into contract.

12. Publish contract details notice within 120 days.

13. Publish copy of contract within 180 days where applicable (contracts over £5m).

14. Publish contract termination notice when framework comes to an end.

Open light touch framework (initial and every framework in the scheme)

1. Publish planned procurement notice (optional).

2. Publish preliminary market engagement notice and undertake preliminary market engagement (optional). You must publish a preliminary market engagement notice if undertaking pre-market engagement, but pre-market engagement is optional.

3. Publish tender notice and associated tender documents for framework based on competitive procedure (open or competitive flexible).

4. Participation and / or tendering period minimum timescales.

5. Determine whether the supplier is an excluded or an excludable supplier.

6. Assess whether the tender is suitable, including:

a. assessing the conditions of participation

b. where a supplier or any of their nominated subcontractor is not a UK or treaty state supplier whether you choose to disregard the tender

c. whether the tendered price is abnormally low

d. whether there is evidence of corruption or collusion

e. whether the tender meets all of the requirements

f. whether the tender has breached any procedural requirements

7. Assess intermediate award criteria (if applicable for competitive flexible) and award criteria.

8. Issue assessment summaries.

9. Publish contract award notice.

10. Observe voluntary standstill period (optional).

11. Enter into contract.

12. Publish contract details notice within 120 days.

13. Publish copy of contract within 180 days where applicable (contracts over £5m).

14. Repeat process for reopening (linking back to initial notice).

15. Publish contract termination notice when framework comes to an end.

Awarding a light touch contract under a light touch framework with competition

1. Invite suppliers to tender (in accordance with the procedure allowed for within the framework).

2. No minimum timescales.

3. Determine whether the supplier is an excluded or an excludable supplier.

4. Assess submissions.

5. Issue assessment feedback.

6. Publish contract award notice.

7. Observe voluntary standstill period (optional).

8. Enter into contract.

9. Publish contract details notice within 120 days.

10. Publish copy of contract within 180 days where applicable (contracts over £5m).

11. Could happen at any time during the term of the contract:

a. publish contract payment notice (where applicable - payments over £30k)

b. publish payments compliance notice

12. Publish contract termination notice.

Awarding under a light touch framework - without competition

1. Assess relevant suppliers in accordance with the framework process.

2. Publish contract award notice.

3. Observe voluntary standstill period (optional).

4. Enter into contract.

5. Publish contract details notice within 120 days.

6. Publish copy of contract within 180 days where applicable (contracts over £5m).

7. Could happen at any time during the term of the contract:

a. publish contract payment notice (where applicable - payments over £30k)

b. publish payments compliance notice

8. Publish contract termination notice.

Establishing a dynamic market

1. Publish preliminary market engagement notice and undertake preliminary market engagement.

You must publish a preliminary market engagement notice if undertaking pre-market engagement, but pre-market engagement is optional.

2. Publish dynamic market notice and associated tender documents (competitive flexible procedure must be used).

3. Assess applications for membership within a reasonable period.

4. Notify suppliers.

5. Publish dynamic market notice with suppliers that have been added.

6. Publish dynamic market notice (if / when modifications are made).

7. Publish dynamic market notice when terminating the dynamic market.

Awarding a light touch contract under a dynamic market

1. Publish tender notice and associated tender documents (competitive flexible procedure).

2. No minimum timescales.

3. Follow process outlined in tender document for the assessment of tenders.

4. Issue assessment summaries.

5. Publish contract award notice.

6. Observe voluntary standstill period (optional).

7. Enter into contract.

8. Publish contract details notice within 120 days.

9. Publish copy of contract within 180 days where applicable (contracts over £5m).

10. Could happen at any time during the term of the contract:

a. publish contract payment notice (where applicable - payments over £30k)

b. publish payments compliance notice

11. Publish contract termination notice.

88. Procurement Act light touch contracts of a kind specified in regulations under section 9 (light touch contracts) or the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR 2023): Decision tree

1. CPV (Common Procurement Vocabulary) codes have been developed specifically for public procurement. Their main purpose is to help classify contract notices consistently and to help suppliers find opportunities by using a standardised vocabulary. ↩

2. An explanation of all direct award grounds are contained in the procedures summary document ↩