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, the relevant selection criteria should be applied based on the available information and suppliers which fail these should be excluded.
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:
- apply the selection criteria based on the available information and exclude suppliers which fail to meet them, and communicate the outcome to the supplier
- consider whether reasonable steps should be taken to verify whether or not what the supplier has said in its response to the relevant selection criteria is correct
- carry out any verification in a consistent and non-discriminatory way
- inform the supplier of any further information obtained as a result of a verification process before taking a decision adverse to a supplier and give the supplier the opportunity to make representations or provide further information in response
- ensure that, where the supplier relies on the capacities of other entities (e.g. where a supplier intends to appoint a subcontractor or where the supplier forms part of a consortium), that these entities meet any selection criterion
- 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
