PPN 09/15 (PCR 2015)

Assisting with procurement investigations

In: Plan > Strategy and plan

Overview

This PPN applies to all contracting authorities covered by Section 40 of the Small Business Enterprise and Employment Act 2015 (the SBEE Act). This includes contracting authorities as defined by the Public Contracts Regulations 2015 (PCR 2015), but with some specific exceptions. Exceptions include:

  • bodies exercising functions that are wholly or mainly devolved, namely Northern Irish, Scottish or Welsh devolved functions
  • schools and academies, and
  • procurement of Healthcare Services for the purpose of the NHS.

The SBEE Act introduced a strengthened Mystery Shopper service, providing a statutory basis for its procurement investigations. Section 40 of the Act also requires contracting authorities to comply with procurement investigations and assist in investigations by providing relevant information and / or documents within 30 days of receiving a formal notice.

The Mystery Shopper Service investigates and addresses concerns raised about public sector procurements and can also undertake proactive investigations - ‘spot checks’ - of procurement processes and documentation.

The Mystery Shopper Service changed its name to the Public Procurement Review Service (PPRS) in November 2018.

Objective at this commercial stage

The Mystery Shopper Service (now referred to as PPRS) may require contracting authorities to provide relevant information and / or documents within 30 days of a formal notice requiring them.

Key considerations at this commercial stage

Contracting authorities should:

  • provide assistance in connection with procurement investigations conducted as part of the Mystery Shopper service (now referred to as PPRS), including any requests for relevant information and / or documents within 30 days of a formal request
  • ensure that public procurements do not impose unnecessary barriers to small businesses when bidding for public contracts.

This PPN should be read alongside the relevant parts of the legal framework but it is not designed to provide guidance on a particular clause or regulation from the PCR 2015.

Additional support and guidance

Make sure you:

  • read the PPN and any supporting implementation guidance
  • seek legal and commercial advice in the context of specific procurements
Read the PPN

This applies to