PPN 02/23 (PCR 2015)
Tackling modern slavery in government supply chains
In: Define > Market consultation and engagement
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
When identifying procurement requirements, the risk associated with modern slavery should be established as low, medium or high. If the risk of modern slavery is considered to be low, your organisation’s standard procurement procedure should be followed. If the risk is considered to be medium, standard criteria in the social value model should be considered. If the risk is considered to be high, contracting authorities may select social value criteria or alternatively include modern slavery requirements in the specification.
Key considerations at this commercial stage
In-scope organisations should:
- when identifying the requirements, establish whether the risk of modern slavery is low, medium or high
- depending on the risk assessment, follow a standard procurement procedure if the risk is considered as low; consider standard criteria in the social value model if the risk is considered as medium; consider selecting social value criteria or the inclusion of modern slavery requirements in the specification if the risk is considered as high
- refer to the PPN guidance (i.e. “Tackling modern slavery in government supply chains”) for detailed advice.
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
