Overview
This PPN applies to all central government departments, executive agencies and non-departmental public bodies when conducting procurements covered by Part 2 of the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016 (UCRs), the Defence and Security Public Contracts Regulations 2011 (DSPCRs), and the Concession Contracts Regulations 2016 (CCRs), where steel is being procured directly or indirectly (collectively referred to as in-scope organisations’).
Other public sector contracting authorities are encouraged to consider applying the approach set out in this PPN, where it is relevant and proportionate to do so and in light of any relevant legal obligations which may apply.
The PPN sets out a number of existing policies, tools and methodologies that in-scope organisations should consider and apply (where appropriate) when designing relevant steel procurements. A relevant steel procurement is a regulated procurement where steel is being procured directly or indirectly.
The PPN also sets out the scope of reporting requirements on steel origin data.
Objective at this commercial stage
The procurement documents should incorporate clear and appropriate outcome-based technical specifications with obligations on the supplier to provide steel data, including origin data.
Key considerations at this commercial stage
In-scope organisations should:
- develop clear, appropriate outcome-based technical specifications given that these are key to facilitating innovative, cost-effective solutions
- ensure technical specifications do not have the effect of discriminating against non-UK bidders or creating unjustified obstacles to the opening up of public procurement to competition
- ensure obligations to provide steel origin data are included. An example contract clause is provided in this PPN (i.e. PPN 04/23)
- consider contractual mechanisms which manage and incentivise safe production and delivery of steel
- include relevant and proportionate terms and conditions by reference to the subject-matter of the contract and in accordance with the relevant model form.
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 18: Principles of procurement
- Regulation 40: Preliminary market consultations
- Regulation 42: Technical specifications
- Regulation 43: Labels
- Regulation 58: Selection criteria
- Regulation 60: Means of proof
- Regulation 62: Quality assurance standards and environmental management standards
- Regulation 63: Reliance on the capacities of other entities
- Regulation 67: Contract award criteria
- Regulation 68: Life-cycle costing
- Regulation 70: Conditions for performance of contracts
- Regulation 71: Subcontracting
- Regulation 107: Qualitative selection
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
