PPN 04/15 (PCR 2015)

Taking account of suppliers' past performance

In: Procure > Contract award and implementation

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 Part A of the PPN applies, suppliers’ reliability should be reassessed at appropriate points, including where there have been material changes to the suppliers’ circumstances and where sub-contractors have been appointed after the selection stage has been completed.

Certificates and relevant information collected throughout the selection process 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:

  • take steps to ensure that any material changes to the suppliers’ circumstances since the initial assessment of reliability at selection stage are considered at appropriate points, particularly in complex or lengthy procurement processes
  • assess any sub-contractors’ reliability who have been appointed since the initial assessment of reliability at selection stage as part of any subsequent re-assessment
  • submit all information about past performance which has been collected, including certificates, to pastperformance@crowncommercial.gov.uk

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