PPN 02/23 (PCR 2015)
Tackling modern slavery in government supply chains
In: Procure > Selection stage
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
All bidders must be invited to complete the standard selection questionnaire (SQ) for above threshold procurements. Where the risk of modern slavery is high, and as part of the SQ, supply chain members should be detailed by bidders and self-declarations for each of these supply chain members submitted.
Key considerations at this commercial stage
In-scope organisations should:
- for above threshold procurements, ensure all bidders complete the SQ
- where the risk of modern slavery is high, consider the self-declarations for each of the supply chain members detailed by the bidder
- where a bidder is convicted of modern slavery, ensure that the bidder is excluded under the relevant mandatory ground for exclusion
- consider whether any discretionary exclusion grounds apply. For example, evidence of modern slavery but no conviction for offences. Refer to the PPN guidance (i.e. “Tackling modern slavery in government supply chains”) for further 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
