Overview
This PPN sets out Government policy to ensure supplier’ past performance is taken into account in respect of procurements and framework agreements (under the Public Contracts Regulations 2015).
This PPN applies to all central government departments, their executive agencies and non-departmental public bodies (collectively referred to as 'in-scope organisations').
The PPN is in two parts:
- Part A outlines requirements relating to the assessment of supplier’s reliability as demonstrated by their performance of past contracts. Part A applies to in-scope organisations when procuring goods and / or services in respect of information and communications technology, facilities management or business processing outsourcing with a total anticipated contract of £20 million or more (excluding VAT). It also applies to framework agreements only where it is anticipated that there will be a call-off agreement in respect of such goods and / or services with an individual anticipated value of £20 million or more (excluding VAT)
- Part B concerns the provision of information about suppliers’ past performance both to and by in-scope organisations. All in-scope organisations are required to provide certificates of performance to their suppliers on request in the form set out in Annex F of the PPN. This form should also be used where in-scope organisations obtain certificates from other organisations (both public and private sector). Where in-scope organisations carrying out procurement processes collect information about the past performance of suppliers, they are required to provide the information to pastperformance@crowncommercial.gov.uk.
Objective at this commercial stage
Where appropriate, suppliers may be invited to supplement or clarify certifications and the supplier’s list of contracts. The need for clarification should be assessed on a case by case basis, recognising the limits on the permitted scope of clarification and provided that requests for clarification are made in full compliance with the principles of equal treatment and transparency (regulation 56(4) PCR 2015: General principle in awarding contracts).
Certificates and relevant information should be provided to pastperformance@crowncommercial.gov.uk
Key considerations at this commercial stage
Where Part A of the PPN applies, in-scope organisations should:
- consider whether a request for clarification is appropriate, recognising the limits on the permitted scope of clarification and provided that requests for clarification are made in full compliance with the principles of equal treatment and transparency (regulation 56(4) PCR 2015)
- take steps to ensure that any material changes to the suppliers’ circumstances since the initial assessment or reliability at selection stage are considered at appropriate points, particularly in complex or lengthy procurement processes
- submit all information about past performance which has been collected, including certificates, to pastperformance@crowncommercial.gov.uk
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 18: Principles of procurement
- Regulation 57: Exclusion grounds
- Regulation 58: Selection criteria
- Regulation 60: Means of proof
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
