Reg. 70 (PCR 2015)
Conditions for performance of contracts
In: Define > Business need
Overview
This regulation enables contracting authorities to incorporate special conditions relating to the performance of a contract, which may include economic, innovation, environmental, social or employment considerations. Such conditions must be linked to the subject-matter of the contract and must be indicated in the contract notice or in the procurement documents.
Objective at this commercial stage
In identifying and assessing the relative complexity, risk and impact of the procurement, contracting authorities should consider whether to incorporate special conditions relevant to the performance of the contract.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that the incorporation of contract performance conditions is considered when assessing the relative complexity, risk and impact of the procurement
- ensure that any contract performance conditions are linked to the subject-matter of the contract and do not have the effect of causing discrimination to suppliers or unfairly narrowing competition.
Legal framework
There is no direct equivalent section in the Procurement Act 2023
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
