Overview
This PPN provides guidance to public bodies in relation to the requirements of the Public Contracts Regulations 2015 (PCR 2015) to publish information about opportunities and awards, over certain value thresholds on Contracts Finder. All contract value limits are to be calculated inclusive of VAT.
The PCR 2015 requires the majority of above-threshold contract opportunities to be advertised across the UK on Find a Tender (FTS), the UK’s e-notification service, and also on Contracts Finder. Where the PCR 2015 requires a notice to be published on the UK e-notification service, it must be published on FTS before being published on Contracts Finder or anywhere else.
The PPNs associated "Guidance on transparency requirements for publishing on Contracts Finder" (the ‘guidance’) consists of two parts and applies to the organisations detailed below (collectively referred to as ‘in-scope organisations’).
Part 1 of the guidance sets out requirements to publish certain information on Contracts Finder; and applies to all contracting authorities across the public sector other than where an exemption applies as set out in section 6 of Part 1 of the guidance.
In respect of below-threshold procurements, the Part 1 publication requirements only apply to in-scope organisations that are also (as set out in section 3 of Part 1):
a. central government authorities, where the contract value is at least £12,000 (inc VAT), and
b. sub-central contracting authorities, NHS Trusts and NHS Foundation Trusts, where the contract value is at least £30,000 (inc of VAT).
Part 2 of the guidance places requirements to publish the tender and contract documents on Contracts Finder, with the appropriate notice. Part 2 applies to all central government authorities other than where an exemption applies as set out in section 5 of Part 2 of the guidance.
Objective at this commercial stage
When a contract is modified, resulting in a new contract being formed, a new notice must be published on Contracts Finder. In the event of a contract modification which is permitted by Regulation 72 PCR 2015 (modifications of contracts during their term), the amended contract documents do not need to be published on Contracts Finder.
Key considerations at this commercial stage
In-scope organisations should:
- note that modifications that have to be submitted via a modification notice to FTS, and that do not result in a new contract being formed, do not need to be published on Contracts Finder either as a new notice or by amending an existing award notice
- ensure that, if renegotiating existing contracts with suppliers results in a new contract being formed (because any change agreed is significant enough to change the nature of the original contract), the new contract is published via a modification notice on FTS (where applicable) and a new Contracts Finder awarded opportunity notice published within 30 calendar days of award
- ensure that, if a contract extension results in a new contract, the new contract is published on Contracts Finder within 30 calendar days after the contract award date. Note that, if a contract extension does not result in a new contract being formed, there are no publication requirements.
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 otherwise than on the UK e-notification services
- Regulation 53: Electronic availability of procurement documents
- Regulation 54: Invitations to candidates
- Regulation 55: Informing candidates and tenderers
- Regulation 72: Modification of contracts during their term
- Regulation 73: Termination of contracts
- Regulation 74: Award of contracts for social and other specific services
- Regulation 75: Publication of notices
- Regulation 76: Principles of awarding contracts
- Regulation 77: Reserved contracts for certain services
- Regulation 86: Notices of decisions to award a contract or conclude a framework agreement
- Regulation 106: Publication of information on Contracts Finder where contract notices are used
- Regulation 108: Publication of information on Contracts Finder about contracts awarded
- Regulation 110: Publication of contract opportunities on Contracts Finder
- Regulation 112: 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
