Overview
This PPN applies to all central government departments, their executive agencies and non departmental public bodies (collectively referred to as 'in-scope organisations') and clarifies the principles relating to the disclosure of contract and related information.
In-scope organisations should discuss with suppliers at an early stage in the procurement, and in advance of any contract award, the types of procurement and contracts information which can be disclosed to the public; and then ensure publication of that information in an accessible format.
All in-scope organisations should operate on a presumption in favour of disclosing information (unless exemptions apply under the provisions of the Freedom of Information Act - for example, on national security or commercial confidentiality grounds). The presumption in favour of disclosure should apply in most cases, and the withholding of information on the basis of commercial confidentiality being the exception rather than the rule.
Objective at this commercial stage
The disclosure of procurement as well as contract information should be discussed with suppliers at an early stage in the procurement. The tender documentation should set out clearly the types of information to be disclosed on contract award and thereafter.
Key considerations at this commercial stage
In-scope organisations should:
- discuss with suppliers, early in the procurement process, transparency requirements as well as discuss categories of information that may be exempted
- consider the Freedom of Information Act when deciding whether information relating to the procurement should be published or withheld
- clearly set out in the procurement and contract documentation the types of information to be disclosed on contract award and thereafter
- set out the types of audit envisaged throughout the life of the contract so that suppliers can better price this activity
- ensure all procurement and contract information is made available, and published in an accessible format, to the public; unless any exceptions apply, such as the protection of confidential information.
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 21: Confidentiality
- Regulation 83: Retention of contract copies
- Regulation 84: Reporting and documentation requirements
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
