PPN 04/15 (PCR 2015)
Taking account of suppliers' past performance
In: Manage > Manage and monitor
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
Certificates of performance in the form set out in Annex F of the PPN (i.e. PPN 04/15) must be provided by in-scope organisations on request.
Key considerations at this commercial stage
In-scope organisations should:
- provide certificates of performance to their suppliers on request (the required information should normally be provided in the form of an email)
- ensure that all certificates contain the relevant text provided at Annex F of the PPN (i.e. PPN 04/15)
- ensure that a copy of the certificate is provided to pastperformance@crowncommercial.gov.uk
- ensure that, where a certificate indicates that the supplier has not performed satisfactorily, it includes reasons why performance was not in accordance with the contract. Reasons may include:
- delays in providing the goods and / or services in accordance with the contract
- failure to supply all the goods and / or services in accordance with the scope set out in the contract
- failures to meet any service levels and / or supply the goods and/or services in accordance with quality standards
- any other failure by the supplier to comply with its obligations under the contract.
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
