Direct award

When it can be used

Direct award means an authority awards a public contract without inviting competing tenders. Under the Procurement Act 2023, competition is the default. A direct award is permitted only where section 41 and a Schedule 5 justification, section 42 regulations or section 43 applies. Examples can include extreme urgency, absence of competition for technical reasons or a permitted additional requirement, but the exact statutory conditions and evidence matter. A general preference for an incumbent or a short deadline is not enough.

The authority normally publishes a transparency notice before awarding directly. That notice explains the intended award and gives interested suppliers an opportunity to examine the justification. The authority must also consider exclusion rules and keep a record supporting the chosen ground. Legacy PCR procurements have their own rules, including permitted negotiated procedures without prior publication, so check the date and legal references.

What a supplier can check

Read the transparency notice, justification and contract scope. Ask whether the cited ground actually fits the facts, whether the term and value are limited to what is justified, and whether a challenge deadline applies. A direct award to a supplier already listed on a framework is not automatically a framework call-off; the authority should follow either the framework's selection process or a lawful separate direct-award ground.

For example, a supplier cannot claim a contract merely because it is the only firm the authority knows. The authority must show why a statutory ground applies and why the award is proportionate. Treat “direct award” as a legal route with narrow conditions, not as a shortcut available whenever competition feels inconvenient.