Overview
This PPN is applicable to all contracting authorities, including central government departments, executive agencies, non-departmental public bodies, local authorities, NHS bodies and the wider public sector (collectively referred to as ‘contracting authorities‘).
The PPN outlines options available when undertaking procurements in an emergency; and that may be considered in relation to procurements under the Public Contracts Regulations 2015 (PCR 2015), including:
- call off from an existing framework agreement or Dynamic Purchasing System (DPS)
- call for competition using a standard procedure with accelerated timescales
- extending or modifying a contract during its term
- direct award due to absence of competition or protection of exclusive rights
- direct award due to extreme urgency under regulation 32(2)(c) PCR 2015.
It is important that contracting authorities continue to achieve value for money and use good commercial judgement and sound decision-making in an emergency, including when making direct awards.
Contracting authorities must keep sufficient documentation to justify decisions taken at all stages of the procurement procedure (as provided by regulation 84 PCR 2015: reporting and documentation requirements). This includes direct awards due to extreme urgency under regulation 32(2)(c).
Even though not required by regulation 32(2)(c), contracting authorities should consider some form of advertisement before making a direct award; running an informal competition and / or undertaking due diligence on the supplier market, for example.
Objective at this commercial stage
Various options are available where contracting authorities are responding to an emergency and it is in the public interest to act quickly:
- call off from an existing framework agreement or Dynamic Purchasing System (DPS)
- call for competition using a standard procedure with accelerated timescales
- extending or modifying a contract during its term
- direct award due to absence of competition or protection of exclusive rights
- direct award due to extreme urgency under regulation 32(2)(c).
Key considerations at this commercial stage
Contracting authorities should:
- consider a range of commercial actions when responding to an emergency where it is in the public interest to act quickly. Various options are available if there is an urgent requirement for goods, services or works
- continue to achieve value for money and use good commercial judgement and sound decision-making in an emergency. These need to be managed in the context of the broader risk of not being able to secure the required goods or services in a timely manner. Potential risks are detailed further in the PPN (i.e. PPN 01/21)
- keep proper records of decisions in line with regulation 84 PCR 2015. This means: documenting progress of procurement procedures, and; keeping sufficient documentation to justify decisions taken in all procurement stages
- consider whether a direct award due to reasons of extreme urgency might be possible without competition or advertising the requirement under regulation 32(2)(c) PCR 2015; depending on whether the following conditions have all been met:
- there are genuine reasons for extreme urgency
- the events that have led to the need for extreme urgency were unforeseeable
- it is impossible to comply with the usual timescales in the PCR 2015
- the situation is not attributable to the contracting authority.
- be aware that delaying or failing to do something in time does not make a situation qualify as urgent, unforeseeable or not attributable to the contracting authority
- even though not required by regulation 32(2)(c) PCR 2015, consider some form of advertisement before making a direct award; running an informal competition and / or undertaking due diligence on the supplier market, for example.
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 27(5): Open procedure
- Regulation 28 (10): Restricted procedure
- Regulation 29 (10): Competitive procedure with negotiation
- Regulation 32 (2)(c): Use of the negotiated procedure without prior publication
- Regulation 33: Framework agreements
- Regulation 34: Dynamic purchasing systems
- Regulation 53(5): Electronic availability of procurement documents
- Regulation 72: Modification of contracts during their term
- Regulation 84: Reporting and documentation requirements
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
