PPN 03/19 (PCR 2015)

The public procurement (electronic invoices etc.) regulations

In: Procure > Finalise and publish procurement pack

Overview

This PPN applies to contracting authorities and entities awarding contracts which fall within the scope of Part 2 of the Public Contracts Regulations 2015 (PCR 2015), the Concession Contracts Regulations 2016, Parts 1 - 4 of the Utilities Contracts Regulations 2016, the Defence and Security Public Contracts Regulations 2011. The Scottish Government has made separate provisions to amend existing procurement legislation that applies in Scotland for the purposes of implementing the Directive.

The PPN stipulates electronic invoicing (e-invoicing) requirements, when awarding contracts under applicable procurement legislation, to include in contracts an express term which imposes an obligation on contracting authorities to accept and process undisputed invoices that comply with relevant technical e-invoicing standards. A model contractual clause is included at Annex A of this PPN. In the absence of an express term relating to e-invoicing, such a term will be implied into the contract directly.

There is an exception for particular types of defence and security contracts in order to protect the essential security interests of the UK.

Objective at this commercial stage

The contract must include an express term which provides that undisputed invoices that comply with relevant technical e-invoicing standards will be accepted and processed.

Key considerations at this commercial stage

Contracting authorities must:

  • include an express clause in the contract which provides that undisputed invoices that comply with relevant technical e-invoicing standards will be accepted and processed.

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 113A: Contractual provisions relating to the processing of electronic invoices
  • Regulation 113B: Application of regulation 113A to sub-central authorities

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
Read the PPN

This applies to