Can a public authority buy from a sole supplier without going to tender?
Public authorities have an overarching objective to achieve value for money whilst meeting their needs – but this can often be achieved without a competitive market approach. The appropriate market approach is a procurement strategy decision (commensurate with the risk and value of the subject procurement) and considers of the business case and the supply market and conditions. Whilst the various SPB documents provide reference to market approach options in many places, there is no document that details when to approach the market openly or when to use selective tendering. Irrespective of the market approach selected, the rationale needs to be detailed clearly within the planning process documentation. There are many instances (particularly for procurements of lower value) where the cost to conduct an open procurement process and the effort involved are not going to provide a better result. A limited tender or direct negotiation are appropriate in some situations. The reasons for a lim
