Overview
This PPN provides guidance on the legislative reforms to make public procurement accessible to businesses, in particular Small and Medium-Sized Enterprises (SMEs) brought into force by the Public Contracts Regulations 2015 (PCR 2015).
This PPN applies to central government departments, executive agencies, non-departmental public bodies, wider public sector, local authorities and NHS bodies; contracting authorities should refer to Part 4 of the PCR 2015 regarding exceptions.
Whilst the PPN sets out the main features of the legislative reforms it is not a complete guide and is not legal advice. Contracting authorities should refer to PCR 2015 and seek legal advice where necessary.
Note: Adherence to the objectives and key considerations in respect of each commercial stage may be subject to certain exemptions in the PCR 2015. As such, the below is a general guideline only. Contracting authorities should assess on a case-by-case basis whether application of the PPN is required and seek legal advice where necessary.
Objective at this commercial stage
Contracting authorities must publish annual statistics provided by regulation 113 (payment of undisputed invoices within 30 days by contracting authorities, contractors and subcontractors) of PCR 2015.
Key considerations at this commercial stage
Contracting authorities should:
- ensure compliance with the contract provisions stating that valid, undisputed invoices will be paid within 30 days
- ensure compliance with contract conditions that the supplier has included similar 30 day payment provisions in their contract, and so on down the supply chain
- publish annual statistics in accordance with the obligations at regulation 113 of PCR 2015.
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 58: Selection criteria
- Regulation 60: Means of proof
- Regulation 107: Qualitative selection
- Regulation 110: Publication of contract opportunities on Contracts Finder
- Regulation 111: Assessing suitability etc
- Regulation 113: Payment of undisputed invoices within 30 days by contracting authorities, contractors and subcontractors
- Regulation 122: Complying with regulation 113 before 1st April 2016
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
