PPN 01/16 (PCR 2015)

Complying with international obligations

In: Procure > Selection stage

Overview

The PPN is applicable to all contracting authorities, including central government, executive agencies, non-departmental public bodies, wider public sector, local authorities and NHS bodies.

Contracting authorities are reminded in this PPN that public procurement should not be used as a tool to boycott tenders from suppliers based in other countries, except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government. In particular, the PPN reminds contracting authorities that the UK has obligations under the Agreement on Government Procurement (GPA) to treat suppliers from GPA signatory countries equally.

Objective at this commercial stage

Procurement decisions should not be used as a tool to boycott tenders from suppliers based in other countries except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that the procurement strategy and documents are not used as a means of boycotting tenders from suppliers based in other countries where formal legal sanctions do not apply
  • ensure that suppliers from GPA signatory countries are treated equally and without discrimination.

The PPN should be read alongside the relevant parts of the legal framework, including but not limited to, the following provisions of the Public Contracts Regulations 2015 (which may be particularly relevant to the consideration of this PPN):

  • Regulation 18: Principles of procurement
  • Regulation 25A: Conditions relating to the GPA
  • Regulation 25B: Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA
  • Regulation 58: Selection criteria
  • Regulation 67: Contract award criteria
  • Regulation 89: Duty owed to economic operators from the UK and Gibraltar
  • Regulation 90A: Duty owed to economic operators from GPA parties
  • Regulation 90B: Duty owed to economic operators other than the GPA
  • Schedule 1A: Parties to the GPA
  • Schedule 4A: International Trade Agreements

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