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
Certain information must be published on Contracts Finder when advertising a procurement.
Key considerations at this commercial stage
Where in-scope organisations are required to publish a contract opportunity on Contracts Finder they must:
- publish the following information as a minimum:
- the time by which any interested supplier must respond if it wishes to be considered
- how and to whom an interested supplier is to respond, with appropriate contract details, and
- any other requirements for participating in the procurement (e.g. suitability requirements or explanatory information)
- ensure that, if the opportunity appears in any other way on other portals or media, the information is also published on Contracts Finder within the relevant timescales (as per the obligations under Reg 110(3) and 106(1) 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 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
