PPN 11/20 (PCR 2015)

Reserving below threshold procurements

In: Define > Business need

Overview

This PPN applies to all central government departments, their executive agencies and non-departmental public bodies (collectively referred to as ‘in-scope organisations’). It is relevant only where Part 2 of the Public Contracts Regulations 2015 (PCR 2015) would have otherwise applied to the award of the contract because the estimated value of the procurement is less than the relevant threshold applicable under PCR 2015.

PPN 11/20 and its associated guidance covers options available to in-scope organisations when procuring contracts for goods, services and works below relevant thresholds; provided for in PCR 2015. Other contracting authorities may apply the principles outlined in this PPN; application of which should be considered in light of the authorities’ relevant legal obligations. There are also exceptions to the application of the policy, to certain procurements which involve the provision of goods into Northern Ireland.

In-scope organisations may consider, where appropriate, options for the procurement of below threshold contracts, including: reserving the procurement by supplier location (UK-wide, by county or borough for London), and reserving the procurement for small and medium-sized enterprises (SMEs) and voluntary, community and social enterprises (VCSEs). In this context location means where the supplier is based or established and has substantive business operations rather than the location of corporate ownership.

The reservation for SMEs and VCSEs cannot be applied independently of the location reservation, which must always apply when reserving under this policy.

Objective at this commercial stage

In-scope organisations should establish whether there are commercial risks in addition to risks of fraud and corruption when determining whether to reserve a below-threshold procurement.

Key considerations at this commercial stage

In-scope organisations should:

  • assess the sector / market when deciding whether it would be appropriate to reserve the below-threshold procurement by location and in addition by supplier type
  • identify and manage commercial risks, as well as fraud and corruption risks
  • keep appropriate records of all commercial decisions taken in connection with reserving below-threshold procurements.

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):

  • Chapter 8: Below threshold procurements
  • Regulation 109: Scope of Chapter 8
  • 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