Reg. 70 (PCR 2015)

Conditions for performance of contracts

In: Procure > Finalise and publish procurement pack

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

Any special conditions relating to the performance of the contract must be identified clearly in the contract notice or in the procurement documents.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that any contract performance conditions are linked to the subject-matter of the contract and are designed in a fair and proportionate manner
  • ensure that contract performance conditions are clearly indicated in the contract notice or in the procurement documents.

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