5. PFI procurement must follow the EC Public Procurement Regulations and advice should be sought from Central Legal Services Commercial Law (CLS-CL) on the application of the Regulations before commencing a PFI procurement.
6. PFI procurement can involve private sector delivery of a service previously delivered by MOD employees. If this is the case, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) will apply. Advice on this subject is available from the Defence Business Services organisation (formerly People, Pay & Pensions Agency) and project teams should be aware of TUPE considerations early in the procurement process.