Overview
This PPN applies to all central government departments including their executive agencies and non-departmental public bodies (collectively referred to as 'in-scope organisations').
The PPN sets out recommended policy to accept requests for references, especially if the supplier has performed well and / or has exceeded expectations. References should normally be in support of a specific contract and in-scope organisations should avoid providing "open" references (i.e. a general statement about a supplier not related to any specific contract).
There is no legal impediment to providing references but any opinions offered must be backed by records. For example if commenting on supplier performance, such evidence might include the achievement (or not) of delivery milestones or performance against key performance indicators (KPIs). Subjective assessments should be avoided.
Objective at this commercial stage
Recommended policy is to accept requests for references in connection with the performance of a specific public contract.
Key considerations at this commercial stage
In-scope organisations should:
- in accordance with recommended policy, accept requests for references, especially if the supplier has performed well and / or exceeded expectations
- establish whether requests for references are made pursuant to the policy on taking account of bidders’ past performance as set out in PPN 04/15; and where the case, comply with the procedures regarding certificates of performance
- ensure that opinions offered in relation to reference requests are backed by contemporaneous records
- avoid providing "open" references and instead provide references in support of a specific contract
- ensure only staff formally authorised to speak on behalf of the in-scope organisation provide references. References should normally be given in writing and recorded internally.
Legal framework
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 Public Contracts Regulations 2015 (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
