PPN 02/23 (PCR 2015)
Tackling modern slavery in government supply chains
In: Procure > Finalise and publish procurement pack
Overview
This PPN applies to all central government departments, their executive agencies and non-departmental public bodies, and NHS bodies (collectively referred to as ‘in-scope organisations’). Other public sector contracting authorities may wish to apply the approach set out in this PPN.
In-scope organisations must use the PPN guidance "Tackling modern slavery in government supply chains" to identify and manage risks in both new procurement activity and existing contracts.
Supply chain information must be provided at the selection stage of new procurements which are considered to carry a high risk of modern slavery. There is also additional guidance provided on enhanced due diligence activities and on using existing exclusion grounds more effectively.
Objective at this commercial stage
The relevant specifications, award criteria, evaluation methodology and contract clauses must be designed and / or finalised on the basis of the classification of risk associated with modern slavery. In addition, where the modern slavery risk is identified as medium or high, in-scope organisations should consider whether Part 3 of the Standard Selection Questionnaire (SQ) should be supplemented with additional questions.
Key considerations at this commercial stage
In-scope organisations should:
- ensure that the relevant specifications, award criteria, evaluation methodology and contract clauses are designed in a manner that takes account of the risk classification associated with modern slavery
- where the modern slavery risk is identified as medium or high, consider whether Part 3 of the Standard Selection Questionnaire (SQ) should be supplemented with additional questions
- balance the risk-based approach to modern slavery with the need to consider and mitigate barriers to entry for small and medium-sized enterprises (SMEs) and voluntary, community and social enterprises (VCSE) sector organisations
- consider whether it would be appropriate to include key performance indicators (KPIs) on actions to identify modern slavery (example KPIs are included in Annex A of this PPN, i.e. PPN 02/23).
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 40: Preliminary market consultations
- Regulation 44: Test reports, certificates and other means of proof
- Regulation 57: Exclusion grounds
- Regulation 58: Selection criteria
- Regulation 60: Means of proof
- Regulation 67: Contract award criteria
- Regulation 69: Abnormally low tenders
- Regulation 70: Conditions for performance of contracts
- Regulation 73: Termination of contracts
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
