Overview
This PPN applies to all contracting authorities, including central government departments, executive agencies, non-departmental public bodies, wider public sector, local authorities, NHS bodies, and utilities in respect of procurements regulated by the Public Contracts Regulations 2015 (PCR 2015), the utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and the Defence and Security Public Contracts Regulations 2011 (collectively referred to as ‘contracting authorities').
This PPN reminds contracting authorities of the UK e-notification service (Find a Tender or ‘FTS’), where notices for procurements (from the end of the transition period) are required to be published. The PPN also provides advice on notice publication for contracting authorities whose procurements commenced prior to the end of the transition period.
Contracting authorities have legal obligations under the aforementioned regulations to publish certain notices in relation to public procurements. All legal and policy requirements to advertise on other platforms such as Contracts Finder and MOD Defence Contracts Online or Public Contracts Scotland, Sell2Wales, eSourcing NI and eTendersNI are not affected by the requirement to publish certain notices on FTS.
Objective at this commercial stage
Contract award notices must be published on FTS, including where they relate to the award of a contract, conclusion of a framework agreement, or award of a contract under a Dynamic Purchasing System where those procurements commenced after the end of the transition period.
Key considerations at this commercial stage
Contracting authorities should:
- for procurements commenced after the end of the transition period, publish contract award notices on FTS where they relate to above-threshold procurements, including:
- conclusion of framework agreements
- contracts awarded pursuant to the negotiated procedure without prior publication under regulation 32 of PCR 2015 (use of negotiated procedure without prior publication), and
- contracts awarded under a DPS.
Legal framework
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 48: Prior information notices
- Regulation 49: Contract notices
- Regulation 50: Contract award notices
- Regulation 51: Publication on the UK e-notification service
- Regulation 52: Publication on buyer profiles
- Regulation 75: Publication of notices
- Regulation 79: Notices
- Regulation 106: Publication of information on Contracts Finder where contract notices are used
- Regulation 108: Publication of information on Contracts Finder about contracts awarded
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
