Reg. 113A (PCR 2015)

Contractual provisions relating to the processing of electronic invoices

In: Procure > Contract award and implementation

Overview

This regulation mandates that every public contract awarded in accordance with Part 2 of the PCR 2015 must contain a provision requiring the contracting authority to accept and process an electronic invoice from a supplier, where the invoice is undisputed and complies with the standard on electronic invoicing.

Regulation 113A provides that the invoice will comply with the standard on electronic invoicing where it complies with the European standard set out in Commission Implementing Decision (EU) 2017/1870 (as amended).

To the extent that such a provision is not expressly included in a public contract, an equivalent provision is to be implied into the contract.

Objective at this commercial stage

Public contracts must contain a provision relating to the acceptance and processing of electronic invoices, as set out in this regulation (i.e. regulation 113A).

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that the public contract contains a provision relating to the acceptance and processing of electronic invoices, as set out in this regulation (i.e. regulation 113A).

See also in the Procurement Act 2023:

  • Section 67: Electronic invoicing: implied term

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements
Read the regulation

This applies to