Legalize / United Kingdom / Statutory-Instrument

The Procurement Regulations 2024

Type Statutory-Instrument

Publication 2024-05-22

Last updated 2026-03-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(p) whether the contract is being awarded by reference to lots and, if so—

(i) the title of each lot, and

(ii) the distinct number given to each lot by the contracting authority,

(pa) a description of any option which will be included in the contract—

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract,

(q) the estimated value of the contract,

(r) whether the contracting authority considers that the contract or any lot forming part of the contract may be particularly suitable to be awarded—

(i) to a small and medium-sized enterprise, or

(ii) to a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

(s) a description identifying any risk that—

(i) the contracting authority considers—

(aa) could jeopardise the satisfactory performance of the contract, but

(bb) because of its nature, may not be addressed in the contract as awarded, and

(ii) may require a subsequent modification to the contract under paragraph 5 of Schedule 8 to the PA 2023 (modification of contract following materialisation of a known risk),

(t) whether suppliers have been selected for the award of the contract,

(u) if suppliers have been selected for the award of the contract, for each supplier selected—

(i) the supplier’s name,

(ii) the—

(aa) unique identifier for the supplier, or

(bb) in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency) where the supplier has not been allocated a unique identifier when the transparency notice is published but can instead provide unique information (for example a company registration number given under the CA 2006) which can be recognised by the central digital platform as the basis for a unique identifier allocated by that platform, that unique information, and

(iii) the supplier’s contact postal address and email address,

(v) the estimated date when the contract will be entered into, and

(w) where the contract is a framework—

(i) the term of the framework,

(ii) whether the framework provides for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the PA 2023, and

(iii) the contracting authorities entitled to award contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities).

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract award notices except those published by private utilities

27

(1) This regulation sets out other information which must be included in a contract award notice published by a contracting authority under section 50(1) of the PA 2023.

(2) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(i) the procurement,

(ii) the public contract,

(iii) where the public contract is being awarded in accordance with a framework, the procurement of the framework in accordance with which the public contract is being awarded, and

(iv) where the public contract is being awarded by reference to a suppliers’ membership of a dynamic market, the dynamic market,

(d) the contract subject-matter,

(e) for each supplier awarded the public contract—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address,

(iii) the—

(aa) unique identifier for the supplier, or

(bb) in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency) where the supplier has not been allocated a unique identifier when the contract award notice is published but can instead provide unique information (for example a company registration number given under the CA 2006) which can be recognised by the central digital platform as the basis for a unique identifier allocated by that platform, that unique information,

(iv) whether the supplier is an association of companies or other consortium,

(v) whether the supplier is—

(aa) a small and medium-sized enterprise,

(bb) a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

(cc) a supported employment provider[^f00024], or

(dd) a public service mutual,

(vi) for each associated person of the supplier, the person’s name and contact postal address, and

(vii) the supplier’s connected person information in accordance with regulation 11, but reading paragraphs (4)(a) and (8)(a) of that regulation as if each reference to date of birth were a reference to month and year of birth, subject to paragraph (4),

(f) the date when the contracting authority decided to award the public contract,

(g) if the public contract is being awarded by reference to lots, for each lot—

(i) the name of the supplier that is being awarded the lot,

(ii) the title of the lot,

(iii) the distinct number given to the lot by the contracting authority,

(iv) a description of the kinds of goods, services or works which will be supplied,

(v) a summary of how those goods, services or works will be supplied,

(vi) the estimated date when, or period over which, the goods, services or works will be supplied,

(vii) the estimated amount of goods, services or works which will be supplied,

(viii) the estimated value of the lot,

(ix) the relevant CPV codes, and

(x) the geographical classification, where it is possible to describe this,

(h) where the public contract is being awarded in accordance with a framework, details of which of the following procedures was used—

(i) a competitive selection process for frameworks under section 46 of the PA 2023, or

(ii) an award without further competition under section 45(4) of the PA 2023,

(i) where the public contract is a framework that is being awarded under an open framework, the unique identifier for the procurement of the last framework awarded under the open framework (unless no framework has previously been awarded under the open framework),

(j) where the public contract is being awarded under an appropriate part of a dynamic market, the distinct number given to that part by the person who established the dynamic market,

(k) whether the public contract is a special regime contract and, if so, whether it is—

(i) a concession contract,

(ii) a defence and security contract,

(iii) a light touch contract, or

(iv) a utilities contract,

(l) whether the contracting authority has provided an assessment summary to each supplier that submitted an assessed tender in accordance with section 50(3) of the PA 2023 and, if so, the date when those assessment summaries were provided,

(m) the estimated value of the public contract,

(n) in respect of public contracts with an estimated value of £5 million or less—

(i) the total number of tenders submitted by the contracting authority’s deadline for submitting tenders (discounting tenders submitted but subsequently withdrawn),

(ii) the total number of tenders assessed by the contracting authority, and

(iii) the total number of tenders assessed by the contracting authority which were submitted by—

(aa) a small and medium-sized enterprise, and

(bb) a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

except in the case of a direct award under section 41 or 43 of the PA 2023,

(o) in respect of public contracts with an estimated value of more than £5 million—

(i) the total number of tenders submitted by the contracting authority’s deadline for submitting tenders (discounting tenders submitted but subsequently withdrawn),

(ii) the name of each supplier that—

(aa) submitted a tender which was assessed for the purposes of determining the most advantageous tender under section 19(1) of the PA 2023, and

(bb) was not awarded the public contract,

(“unsuccessful supplier”), and

(iii) for each unsuccessful supplier—

(aa) the unique identifier for the supplier or other unique information referred to in sub-paragraph (e)(iii)(bb),

(bb) the supplier’s postal address,

(cc) whether the supplier is a small and medium-sized enterprise, and

(dd) whether the supplier is a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

except in the case of a direct award under section 41 or 43 of the PA 2023,

(p) where the public contract is a framework or awarded other than in accordance with a framework, details of which of the following procedures was used—

(i) an open procedure,

(ii) a competitive flexible procedure, or

(iii) a direct award under section 41 or 43 of the PA 2023,

(q) whether a tender notice was used to reserve the contract to supported employment providers in accordance with section 32 of the PA 2023, and whether the contract was awarded to such a supplier,

(r) whether a tender notice was used to reserve the contract to public service mutuals in accordance with section 33 of the PA 2023, and whether the contract was awarded to such a supplier,

(s) the end date of any standstill period under section 51 of the PA 2023 or, if no standstill period applies, any date before which the contracting authority has determined not to enter into the contract,

(t) the estimated date when the contract will be entered into,

(u) where the public contract is being awarded directly under section 41 or 43 of the PA 2023, the same information referred to in 26(2)(h) to (o),

(v) where the public contract is being awarded in accordance with a framework which is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded, and

(w) where—

(i) the public contract is being awarded by reference to lots, and

(ii) the contracting authority is using the contract award notice to give notice that it is ceasing to procure all of the goods, services and works set out in one or more of those lots or any lots under future contracts under the arrangement under section 18(2)(a) of the PA 2023,

the ceased lot information.

(3) “Ceased lot information” is—

(a) the following information for each ceased lot—

(i) the title of the lot,

(ii) the distinct number given to the lot by the contracting authority,

(iii) the relevant CPV codes, and

(iv) a description of the kinds of goods, services or works which were to have been supplied under the lot, and

(b) the date when the contracting authority decided to cease the procurement under the lot.

(4) A contracting authority is not required to publish, in accordance with paragraph (2)(e)(vii), connected person information which is secured information in relation to—

(a) a connected person who is an individual who meets the description in regulation 11 (3)(b) and (c), or

(b) a connected person who is an individual who meets the description in regulation 11 (15)(b).

(5) “Secured information” is information which—

(a) in relation to an individual mentioned in paragraph (4)(a) or (b), is for the time being omitted from a PSC register in accordance with regulation 33(1) of the Register of People with Significant Control Regulations 2016[^f00025], or

(b) in relation to an individual mentioned in paragraph (4)(b), is information regarding which the individual—

(i) is reasonably of the view set out in paragraph (6), and

(ii) has confirmed that view in writing to the contracting authority.

(6) The view is that if the information is published—

(a) the activities of the company, or

(b) one or more characteristics or personal attributes of the applicant when associated with that company,

will put the applicant or a person living with the applicant at serious risk of being subjected to violence or intimidation.

(7) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

(8) This regulation does not apply to a contracting authority which is a private utility.

Contract award notices published by private utilities

28

(1) This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023.

(2) The information is—

(a) the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (h), (n) and (o),

(b) the estimated date when the contract will be entered into, and

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement (including information that relates to other contracts awarded under the same procurement) in the notice.

(4) This regulation does not apply to—

(a) the direct award of a public contract under section 41 or 43 of the PA 2023 (see instead regulation 29), or

(b) the award of a public contract in accordance with a framework (see instead regulation 30).

Contract award notices published by private utilities: direct awards

29

(1) This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023 where the contract was awarded directly in accordance with section 41 or 43 of the PA 2023.

(2) The information is—

(a) the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (c)(iii) and (iv), (h) to (j), (l), (n) and (o),

(b) the estimated date when the contract will be entered into,

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract,

(d) whether the contract is being awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the PA 2023,

(e) if sub-paragraph (d) applies, the direct award justification in Schedule 5 which applies and an explanation of why the contracting authority considers that it applies,

(f) whether the contract is being awarded directly to a supplier that is an excluded supplier because the contracting authority considers that there is an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the PA 2023,

(g) if sub-paragraph (f) applies—

(i) the offence or other event mentioned in Schedule 6 to the PA 2023 by virtue of which the supplier is an excluded supplier, ...

(ii) which ground in section 41(5) of the PA 2023 applies and an explanation of why the contracting authority considers that it applies , and

(iii) the direct award justification in Schedule 5 to the PA 2023 which applies and an explanation of why the contracting authority considers that it applies,

(h) whether the contract is being awarded directly to a supplier pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc),

(i) if sub-paragraph (h) applies, the title and registration number of the statutory instrument containing those regulations,

(j) whether the contract is being awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the PA 2023 (switching to direct award), and

(k) if sub-paragraph (j) applies, the reason the contracting authority considers there were no suitable tenders or requests to partipate by reference to section 43(2) of the PA 2023 and why it considers that an award under section 19 is not possible in the circumstances.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract award notices published by private utilities: frameworks

30

(1) This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023 where the contract is being awarded in accordance with a framework.

(2) The information is—

(a) the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (c)(iv), (i), (j), (n), (o) and (p),

(b) the estimated date when the contract will be entered into,

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract,

(d) where the framework is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded,

(e) details of which of the following procedures was used to award the public contract—

(i) a competitive selection process for frameworks under section 46 of the PA 2023, or

(ii) an award without further competition under section 45(4) of the PA 2023, and

(f) if sub-paragraph (e)(ii) applies, an explanation of why the contracting authority considered that it applies by reference to section 45(4) of the PA 2023.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Assessment summaries

31

(1) This regulation sets out what information must be included in an assessment summary provided to a supplier under section 50(3) of the PA 2023.

(2) In the case of the most advantageous tender, the information is—

(a) the name of the supplier,

(b) a contact postal address and email address for the supplier,

(d) in respect of the award criteria for the public contract—

(i) the award criteria, including the assessment methodology, set out in full, or a summary of the award criteria including—

(aa) the title of each criterion,

(bb) the relative importance of each criterion, and

(cc) how each criterion was to have been assessed by reference to scored and what scored were to have been available for each criterion, and

(ii) if the award criteria, including the assessment methodology, are not set out in full in the assessment summary, an indication of where the full version can be accessed, and

(e) how the tender was assessed against the award criteria by reference to scores including—

(i) the score determined for each award criterion and—

(aa) an explanation for that score by reference to relevant information in the tender, and

(bb) where an award criterion includes sub-criteria for assessment, an explanation of how the tender was assessed by reference to each sub-criterion, and

(ii) the total score and any sub-total scores.

(3) In the case of any other assessed tender, the information is—

(a) the information referred to in paragraph (2) (a) to (d) in respect of the tender,

(b) the information as referred to in paragraph (2)(e) in respect of the tender, but only to the extent that the tender was assessed against the award criteria,

(c) any further explanation of why the public contract is not being awarded to the supplier including, where the tender was disqualified under the assessment methodology under section 23(3) of the PA 2023, the reasons for that disqualification

(d) the information referred to in paragraph (2)(e) in respect of the most advantageous tender.

(4) All assessment summaries in respect of a public contract which are provided by a contracting authority to suppliers in accordance with section 50(3) of the PA 2023 must be provided to each supplier at the same time.

(5) Nothing in this regulation prevents a contracting authority from providing other information that relates to the same procurement in an assessment summary.

Contract details notices: open or competitive flexible procedure

32

(1) This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was entered into following—

(a) an open procedure, or

(b) a competitive flexible procedure (including by reference to a dynamic market).

(2) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(d) the unique identifier for the public contract,

(e) where the public contract was awarded by reference to suppliers’ membership of a dynamic market, the unique identifier for that dynamic market,

(f) the contract subject-matter,

(g) for each supplier party to the public contract—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address,

(iii) the unique identifier for the supplier, and

(iv) whether the supplier is—

(aa) a small and medium-sized enterprise,

(bb) a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

(cc) a supported employment provider, or

(dd) a public service mutual,

(h) whether the public contract was awarded following—

(i) an open procedure, or

(ii) a competitive flexible procedure,

(i) whether the contract was reserved—

(i) to supported employment providers in accordance with section 32 of the PA 2023, or

(ii) to public service mutuals in accordance with section 33 of the PA 2023,

(j) if the public contract was awarded by reference to a lot—

(i) the title of the lot,

(ii) the distinct number given to the lot by the contracting authority,

(iii) a description of the kinds of goods, services or works which will be supplied,

(iv) a summary of how those goods, services or works will be supplied,

(v) the estimated date when, or period over which, the goods, services or works will be supplied,

(vi) the estimated amount of goods, services or works which will be supplied,

(vii) the estimated value of the lot, and

(viii) the relevant CPV codes,

(k) the estimated value of the public contract,

(l) the date when the public contract was entered into,

(m) a description of any option in the public contract—

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract,

(n) where the public contract was awarded under an appropriate part of a dynamic market, the distinct number given to that part by the person who established the dynamic market,

(o) whether the public contract is a special regime contract and, if so, whether it is—

(i) a concession contract,

(ii) a defence and security contract,

(iii) a light touch contract, or

(iv) a utilities contract,

(p) whether the public contract is a contract for which the United Kingdom has obligations under the GPA,

(q) from the date when the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom, whether the public contract is a contract for which the United Kingdom has obligations under that Agreement,

(r) where key performance indicators were set in accordance with section 52(1) of the PA 2023, a description of the three key performance indicators which the contracting authority regards, at the time the contract details notice is published, as most material to performance of the contract obligations, and

(s) where key performance indicators were not set by virtue of section 52(2) of the PA 2023, an explanation of why the contracting authority considers that the supplier’s performance under the contract could not appropriately be assessed by reference to key performance indicators.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

(4) This regulation does not apply to a contract details notice where the public contract is a framework (see instead regulation 33).

Contract details notices: frameworks

33

(1) This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract is a framework.

(2) The information is—

(a) the same information referred to in regulation 32 (2) (a) to (q), except sub-paragraph (h),

(b) the contracting authorities entitled to award public contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities),

(d) whether the framework is awarded under an open framework,

(e) where the framework was awarded under an open framework, the unique identifier for the procurement of the last framework awarded under the open framework (unless no framework has previously been awarded under the open framework),

(f) where the framework was awarded under an open framework, the estimated end date of the open framework,

(g) whether the public contract was awarded—

(i) following an open procedure,

(ii) following a competitive flexible procedure, or

(iii) directly, in accordance with section 41 or 43 of the PA 2023,

(h) whether the framework provides for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the PA 2023,

(i) the price payable, or mechanism for determining the price payable, under a public contract awarded in accordance with the framework, and

(j) details of the selection process to be applied on the award of a contract in accordance with the framework.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract details notices: public contracts awarded in accordance with frameworks

34

(1) This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was awarded in accordance with a framework.

(2) The information is—

(a) the same information referred to in regulation 32 (2), except sub-paragraphs (e), (h), (n), (p) and (q),

(b) the unique identifier for the procurement of the framework in accordance with which the public contract is being awarded,

(c) whether the framework is a defence and security framework within the meaning given by section 47(4)(a) of the PA 2023,

(d) where the framework is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded,

(e) details of which of the following procedures was used to award the public contract—

(i) a competitive selection process for frameworks under section 46 of the PA 2023, or

(ii) an award without further competition under section 45(4) of the PA 2023, and

(f) if sub-paragraph (e)(ii) applies, an explanation of why the contracting authority considered that it applies by reference to section 45(4) of the PA 2023.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract details notices: direct award

35

(1) This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was awarded directly in accordance with section 41 or 43 of the PA 2023.

(2) The information is—

(a) the same information referred to in regulation 32 (2), except sub-paragraphs (e), (h) and (n),

(b) whether the contract was awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the PA 2023,

(c) if sub-paragraph (b) applies, the direct award justification in Schedule 5 which applies and an explanation of why the contracting authority considers that it applies,

(d) whether the contract was awarded directly to a supplier that is an excluded supplier because the contracting authority considered that there was an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the PA 2023,

(e) if sub-paragraph (d) applies—

(i) the direct award justification in Schedule 5 to the PA 2023 which applies and an explanation of why the contracting authority considers that it applies,

(ii) the offence or other event mentioned in Schedule 6 to the PA 2023 by virtue of which the supplier is an excluded supplier, and

(iii) which ground in section 41(5) of the PA 2023 applies and an explanation of why the contracting authority considers that it applies,

(f) whether the contract was awarded directly to a supplier pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc),

(g) if sub-paragraph (f) applies, the title and registration number of the statutory instrument containing those regulations,

(h) whether the contract was awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the PA 2023 (switching to direct award),

(i) if sub-paragraph (h) applies, the reason the contracting authority considers there were no suitable tenders or requests to participate by reference to section 43(2) of the PA 2023 and why it considers that an award under section 19 of that Act is not possible in the circumstances,

(j) whether the contract was awarded to a supplier that is an excluded supplier by virtue of section 41(2) of the PA 2023, and

(k) if sub-paragraph (j) applies, the offence or other event mentioned in Schedule 6 to the PA 2023 in question.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

(4) This regulation does not apply to a contract details notice where the public contract is a framework (see instead regulation 33).

Contract details notices: below-threshold contracts

36

(1) This regulation sets out other information which must be included in a contract details notice published under section 87(3) of the PA 2023.

(2) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(d) the unique identifier for the contract,

(e) for each supplier party to the contract—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address,

(iii) the unique identifier for the supplier, except where the supplier has not obtained one, and

(iv) whether the supplier is—

(aa) a small and medium-sized enterprise, or

(bb) a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

(f) the contract subject-matter,

(g) whether the contract was awarded by reference to lots and, if so—

(i) the title of each lot under the contract, and

(ii) the distinct number given to each lot by the contracting authority,

(h) whether the contract is a defence and security contract or a light touch contract,

(i) the estimated value of the contract,

(j) the date when the contract was entered into, and

(k) a description of any option in the contract—

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Procurement termination notices

37

(1) This regulation sets out what information must be included in a procurement termination notice published under section 55(2) of the PA 2023.

(2) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(d) a statement to the effect that, following the publication of a tender or transparency notice in respect of a contract, the contracting authority has decided not to award the contract, and

(e) the date when the contracting authority decided not to award the public contract.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in a procurement termination notice.

Payments compliance notices

38

(1) This regulation sets out what information must be included in a payments compliance notice published under section 69(1) of the PA 2023.

(2) The information is—

(a) the contracting authority information,

(b) the dates of the first and the last days of the reporting period to which the payments compliance notice relates,

(i) the average number of days taken to make those payments, where day 1 is the first day after the invoice day;

(ii) the percentage of those payments which were made, where day 1 is the first day after the invoice day—

(aa) within the period beginning on day 1 and ending with day 30;

(bb) within the period beginning on day 31 and ending with day 60;

(cc) on or after day 61,

(ca) the proportion of invoices paid in accordance with the term in section 68(2) of the PA 2023 during the reporting period, expressed as a percentage of the total number of invoices that were, or should have been, paid in accordance with that term within the reporting period,

(d) in respect of sums which became payable under public contracts during the reporting period, the percentage of those payments which were not made within the reporting period, and

(e) a statement of the director or similar officer of the contracting authority who is responsible for the contracting authority’s finances setting out that they approve the payments compliance notice and that person’s name and job title.

(3) In paragraph (2)—

“average” means the arithmetic mean;

“invoice day” means the day on which a contracting authority receives an invoice.

(4) For the purposes of paragraph (2), a payment is made—

(a) when it is received by the supplier;

(b) if there is any delay in the sum being received for which the contracting authority is not responsible, when it would have been received without that delay.

(5) In paragraph (3) the reference to a contracting authority receiving an invoice includes the invoice being delivered to an address, or through an electronic invoicing system, as specified in the contract in question for that purpose.

(6) Nothing in this regulation prevents a contracting authority from publishing other relevant information in the notice.

Contract performance notices except in relation to full termination

39

(1) This regulation makes provision about information published under either of the following provisions—

(a) section 71(2)(b) of the PA 2023 (assessment of performance against key performance indicators);

(b) section 71(5) of that Act (breach of public contract or failure to perform).

(2) The information must be published in the form of a notice called a “Contract Performance Notice”.

(3) Where the information is being published under section 71(2)(b) of the PA 2023, the notice must include the information set out in paragraph (4).

(4) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(i) the procurement, and

(ii) the public contract,

(d) a description of the three key performance indicators set in accordance with section 52(1) which the contracting authority regards, at the time the contract performance notice is published, as most material to performance of the contract obligations,

(e) a statement that the notice is being used to set out the contracting authority’s assessment of performance against key performance indicators selected in accordance with sub-paragraph (d),

(f) for each supplier whose performance has been assessed against the selected key performance indicators—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address, and

(iii) the unique identifier for the supplier,

(g) the contracting authority’s assessment of performance against the selected indicators in accordance with the ratings set out in paragraph (5), and

(h) the time period to which the contracting authority’s assessment applies.

(5) The ratings are—

Rating	Description
Good	Performance is meeting or exceeding the key performance indicators
Approaching target	Performance is close to meeting the key performance indicators
Requires improvement	Performance is below the key performance indicators
Inadequate	Performance is significantly below the key performance indicators
Other	Performance cannot be described as good, approaching target, requires improvement or inadequate

(6) Where the information is being published under section 71(5) of the PA 2023, the notice must include the information set out in paragraph (7).

(7) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(i) the procurement, and

(ii) the public contract,

(d) for each supplier that has committed the breach or failure to perform set out in the notice—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address, and

(iii) the unique identifier for the supplier,

(e) the information referred to in—

(i) section 71(5)(a) of the PA 2023 (that section 71(5) of that Act applies), and

(ii) section 71(5)(b) of the PA 2023 (the circumstances giving rise to the application of section 71(5) of that Act),

(f) a statement that the information is being published because—

(i) the supplier has breached the public contract and the breach resulted in one of the events referred to in section 71(3)(b), or

(ii) the supplier is not performing a public contract to the contracting authority’s satisfaction,

(g) where the supplier has breached the public contract, which of the following resulted from the breach—

(i) partial termination of the public contract;

(ii) the award of damages;

(iii) a settlement agreement between the supplier and the contracting authority,

(h) where the supplier has breached the public contract, the date of any—

(i) partial termination of the public contract,

(ii) award of damages, or

(iii) settlement,

(as the case may be),

(i) where the supplier is not performing the public contract to the contracting authority’s satisfaction, the date when the contracting authority considered that the supplier had failed to improve its performance in accordance with section 71(4)(c),

(j) an explanation of the nature of the contractual obligation which has been breached or is not being performed to the contracting authority’s satisfaction,

(k) an explanation of the nature of the breach or failure to perform including—

(i) an explanation of the impact or consequences of the breach or failure to perform,

(ii) the duration of the breach or failure to perform and whether it is ongoing,

(iii) an explanation of any steps taken by the supplier to mitigate the impact or consequences of the breach or failure to perform,

(iv) any steps that the contracting authority has taken to notify the supplier of the breach or failure to perform and encourage them to improve the situation, including—

(aa) any warning notices given under the public contract, or

(bb) any opportunity to improve performance,

(v) what steps, if any, were taken by the supplier to improve the situation and why these were not sufficient,

(l) where the breach has resulted in partial termination of the public contract, a description of which part of, or to what extent, the contract has been partially terminated, and

(m) where there has been an award of damages or payment of other monies following the breach or failure to perform—

(i) confirmation that this is the case,

(ii) the amount of damages or other monies,

(iii) the basis on which any damages were awarded or other monies paid, for example—

(aa) in the case of damages, in accordance with the public contract,

(bb) in the case of damages, in accordance with a decision of a court or tribunal, or

(cc) in the case of other monies, in accordance with a negotiated settlement, and

(iv) where there is a recorded decision of a court or tribunal finding that there was a breach, a link to the web page where the decision can be accessed or a copy of the decision.

(8) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

(9) This regulation does not apply to information required to be published in accordance with section 71(5) of the PA 2023 where a breach resulted in the full termination of a public contract (see instead regulation 41).

Contract change notices

40

(1) This regulation sets out other information which must be included in a contract change notice published under section 75(1) or (5) of the PA 2023[^f00026].

(2) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(d) the unique identifier for the contract,

(e) for each supplier party to the public contract or convertible contract—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address, and

(iii) the unique identifier for the supplier,

(f) whether the contracting authority is permitted to make the modification to the public contract or convertible contract because the modification is, by virtue of section 74(1)(a) of the PA 2023, one which is described—

(i) in paragraphs 2 and 3 of Schedule 8 to that Act (urgency and the protection of life, etc),

(ii) in paragraph 4 of Schedule 8 to that Act (unforeseeable circumstances),

(iii) in paragraphs 5 to 7 of Schedule 8 to that Act (materialisation of a known risk),

(iv) in paragraph 8 of Schedule 8 to that Act (additional goods, services or works), or

(v) in paragraph 9 of Schedule 8 to that Act (transfer on corporate restructuring),

(where the modification is permitted under one of those provisions),

(g) an explanation of why the modification falls within one of the types of modifications mentioned in sub-paragraph (f),

(h) details of any change as a result of the modification—

(i) to the estimated value of the public contract or convertible contract immediately prior to the modification, or

(ii) to the term of the public contract or convertible contract,

(i) where the modification is one which is described in paragraph 9 of Schedule 8 to that Act (transfer on corporate restructuring)—

(i) for each new supplier that is party to the public contract or convertible contract—

(aa) the supplier’s name,

(bb) the supplier’s contact postal address and email address, and

(cc) the unique identifier for the supplier, and

(ii) for each supplier that will no longer be party to the public contract or convertible contract, the same information referred to in sub-paragraph (i)(aa) to (cc),

(j) the estimated date when—

(i) the public contract or convertible contract will be modified, and

(ii) the modification will have effect, and

(k) whether a voluntary standstill period applies in accordance with section 76(1) of the PA 2023 and, if so, the duration of that period.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Contract termination notices

41

(1) This regulation sets out other information which must be included in a contract termination notice published under section 80(1) of the PA 2023.

(2) The information is—

(a) the contracting authority information,

(b) the title of the procurement,

(i) the procurement,

(ii) the public contract,

(d) for each supplier party to the public contract—

(i) the supplier’s name,

(ii) the supplier’s contact postal address and email address, and

(iii) the unique identifier for the supplier,

(e) the reasons why the public contract has been terminated (including any reason mentioned in section 80(3) of the PA 2023),

(f) the date when the public contract was terminated,

(g) the estimated value of the public contract,

(h) where the termination of the public contract was the result of the supplier breaching the contract—

(i) a statement that section 71(5) of the PA 2023 applies because the supplier breached the public contract,

(ii) whether the breach resulted in—

(aa) the award of damages;

(bb) a settlement agreement between the supplier and the contracting authority,

(iii) the date of—

(aa) any award of any damages, or

(bb) any settlement,

(iv) where the supplier did not perform the public contract to the contracting authority’s satisfaction, the date when the contracting authority considered that the supplier had failed to improve its performance in accordance with section 71(4)(c),

(v) an explanation of the nature of the contractual obligation which was breached or was not performed to the contracting authority’s satisfaction,

(vi) an explanation of the nature of the breach or failure to perform including—

(aa) an explanation of the impact or consequences of the breach or failure to perform,

(bb) the duration of the breach or failure to perform,

(cc) an explanation of any steps taken by the supplier to mitigate the impact or consequences of the breach or failure to perform,

(dd) any steps that the contracting authority took to notify the supplier of the breach or failure to perform and encourage them to improve the situation, including any warning notices given under the public contract or other proper opportunity to improve performance pursuant to section 71(4)(b) of the PA 2023,

(ee) what steps, if any, were taken by the supplier to improve the situation and why these were not sufficient, and

(vii) where there was an award of damages or other monies paid following the breach or failure to perform—

(aa) confirmation that this is the case,

(bb) the amount of damages or other monies paid,

(cc) the basis on which the damages were awarded or other monies paid, for example in accordance with the public contract, a decision of a court or tribunal or a negotiated settlement, and

(dd) where there is a recorded decision of a court or tribunal finding that there was a breach, a link to the web page where the decision can be accessed or a copy of the decision.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Part 3 — Other provisions supplementing the Procurement Act 2023

Specification of light touch and reservable light touch services

42

(1) For the purposes of section 9(1) of the PA 2023 (light touch contracts) the services which are covered by the CPV codes set out in column (1) of Table 1 in Schedule 1 and described in column (2) of that Table are specified as light touch services for the purposes of section 9(1) of the PA 2023.

(2) For the purposes of section 33(7) of the PA 2023 (reserving contracts to public service mutuals), a service specified in columns (1) and (2) of Table 1 in Schedule 1 is specified as a reservable light touch service where in the entry corresponding to that service in column (3) the letter “R” appears.

(3) The services which are covered by the CPV codes set out in Table 2 of Schedule 1 are specified as light touch services for the purposes of section 9(1) of the PA 2023, but only where those services are supplied under a contract for the supply of any thing listed in section 7(1)(a) to (f) of the PA 2023 (defence and security contracts).

Disapplication in relation to regulated health procurement

43

The PA 2023 does not apply in relation to regulated health procurement[^f00027].

Central government authorities

44

(1) The Crown, but not His Majesty in his private capacity, and each of the entities listed in columns 1 or 2 of the Table in Schedule 2 to these Regulations (whether or not they perform their functions on behalf of the Crown) are specified for the purposes of the definition of “central government authority” in paragraph 5(1) of Schedule 1 to the PA 2023 (threshold amounts).

(2) Where an entity listed in Schedule 2 is or has been succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in Schedule 2.

Meaning of “works” in paragraph 5(1) of Schedule 1 to the Procurement Act 2023

45

For the purposes of the definition of “works” in paragraph 5(1) of Schedule 1 to the PA 2023, “works” means any of the activities coming within a CPV code listed in Schedule 3.

Defence authorities

46

For the purposes of section 7(5) of the PA 2023, each of the following contracting authorities is a defence authority—

(a) the Secretary of State for Defence;

(b) AWE PLC[^f00028];

(d) the Oil and Pipelines Agency[^f00030].

Part 4 — Amendment of the Procurement Act 2023

Regulation of procurement by devolved Scottish authorities

47

(1) The PA 2023 is amended as follows.

(2) In section 2(5)(a) (contracting authorities), after “authority” insert “, except where a devolved Scottish authority carries out procurement falling within section 115A”.

(3) After section 115, insert—

(115A) (1) This Act applies, without modification, where a devolved Scottish authority carries out procurement under a reserved procurement arrangement, a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement, and as part of that procurement arrangement a contract is to be awarded following a procedure or other selection process carried out— (a) jointly by that authority and one or more contracting authority which is not a devolved Scottish authority, or (b) by a centralised procurement authority or equivalent body. (2) In respect of procurement not falling within subsection (1) but to which subsection (3) applies— (a) the provisions of this Act specified in column (1) of the Table in Schedule 9A apply in relation to that procurement, and (b) where there is a modification specified in column (2) in respect of a provision specified in column (1), that provision applies subject to that modification. (3) This subsection applies in relation to procurement carried out by a devolved Scottish authority under a reserved procurement arrangement, a devolved Welsh arrangement or a transferred Northern Ireland procurement, and as part of that procurement arrangement a contract is to be awarded— (a) in accordance with a framework or similar arrangement, or (b) by reference to a dynamic market, a utilities dynamic market or similar arrangement. (4) This section applies only to a devolved Scottish authority which is— (a) a contracting authority within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015[^f00031], or (b) a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 2016[^f00032].

(4) After Schedule 9, insert—

Schedule 9A

Provision of the PA 2023	Modification
(1)	(2)
Section 1 (procurement and covered procurement)
Section 2 (contracting authorities)
Section 3 (public contracts)
Section 4 (valuation of contracts)
Section 5 (mixed procurement: above and below threshold)
Section 6 (utilities contracts)	Subsections (5) and (6) do not apply
Section 7 (defence and security contracts)
Section 8 (concession contracts)
Section 9 (light touch contracts)	Subsections (2) to (4) do not apply
Section 10 (mixed procurement: special regime contracts)
Section 11 (covered procurement only in accordance with this Act)
Section 19 (award of public contracts following a competitive tendering procedure)	Subsection (9) does not apply
Section 20 (competitive tendering procedure)	Subsection (9) does not apply
Section 21 (tender notices and associated tender documents)
Section 22 (conditions of participation)
Section 23 (award criteria)
Section 24 (refining award criteria)
Section 26 (excluding suppliers from a competitive award)
Section 27 (excluding suppliers from a competitive flexible procedure)
Section 28 (excluding suppliers by reference to sub-contractors)
Section 29 (excluding a supplier that is a threat to national security)
Section 30 (excluding suppliers for improper behaviour)
Section 31 (modifying a section 19 procurement)
Section 34 (competitive award by reference to dynamic markets)
Section 35 (dynamic markets: establishment)	Subsection (3) does not apply
Section 40 (qualifying utilities dynamic market notices: no duty to publish a tender notice)
Section 45 (frameworks)	Only subsections (1), (2) and (8) apply
Section 46 (frameworks: competitive selection process)
Section 50 (contract award notices and assessment summaries)	Subsection (6)(b) does not apply
Section 51 (standstill periods on the award of contracts)	Subsections 3(a) to (c) do not apply
Section 53 (contract details notices)	Subsections (3) to (5) and (6)(b) do not apply
Section 54 (time limits)	The fourth entry in the table at subsection (4) (qualifying planned procurement notice) and the definition of “qualifying planned procurement notice” do not apply
Section 55 (procurement termination notices)
Section 56 (technical specifications)
Section 57 (meaning of excluded and excludable supplier)
Section 58 (considering whether a supplier is excluded or excludable)
Section 59 (notification of exclusion of supplier)	Subsections (1)(a)(iv) and (v) do not apply.
	In respect of a procurement carried out by a devolved Scottish authority, the “relevant appropriate authority” is the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998 [^f00033]
Section 62(3) (debarment list: definition of debarment list)
Section 67 (electronic invoicing: implied term)
Section 78 (implied right to terminate public contracts)
Section 79 (terminating public contracts: national security)
Section 80 (contract termination notices)
Section 81 (conflicts of interest: duty to identify)	Applies as though the definition of Minister in subsection (4) includes “the Scottish Ministers, as defined by section 44(2) of the Scotland Act 1998”
Section 82 (conflicts of interest: duty to mitigate)
Section 83 (conflicts assessment)
Section 89 (treaty state suppliers)	Subsection (3) does not apply
Section 90 (treaty state suppliers: non-discrimination)
Section 91 (treaty state suppliers: non-discrimination in Scotland)
Section 92 (trade disputes)
Section 94 (general exemptions from duties to publish or disclose information)
Section 96 (electronic communications)
Section 98 (record-keeping)
Section 99 (data protection)
Section 100 (duties under this Act enforceable in civil proceedings)	Applies as though: (a) in subsection (1), the reference to Parts of the PA 2023 were replaced by the provisions of that Act specified to apply by section 115A and this Schedule; and (b) subsection (5) were omitted
Section 101 (automatic suspension of the entry into or modification of contracts	Applies in relation to entry into a public contract only, and as though, in subsection (5), the reference to section 76 were omitted
Section 102 (interim remedies)	Applies as though, in subsection (3), the reference to section 76 were omitted
Section 103 (pre-contractual remedies)
Section 104 (post-contractual remedies)
Section 105 (post-contractual remedies: set aside conditions)	Applies as though, in subsection (1)(b), the reference to section 76 were omitted, and subsection (3) were omitted.
Section 106 (time limits on claims)
Section 107 (Part 9 proceedings and closed material procedure)
Part 11 (appropriate authorities and cross-border procurement)
Section 123 (interpretation)	Subsection (4) does not apply
Section 126 (extent)
Section 128 (short title)
Schedule 1 (threshold amounts)
Schedule 2 (exempted contracts)
Schedule 3 (estimating the value of a contract)
Schedule 4 (utility activities)
Schedule 6 (mandatory exclusion grounds)
Schedule 7 (discretionary exclusion grounds)
Schedule 9 (treaty state suppliers)
Schedule 9A (procurement by devolved Scottish authorities)
Schedule 10 (single source defence contracts)
Schedule 11 (repeals and revocations)

Preliminary market engagement in relation to private utilities

48

(1) The PA 2023 is amended as follows.

(2) In section 17 (preliminary market engagement), after subsection (2), insert—

(3) This section does not apply to a private utility, other than to a private utility which is a devolved Welsh authority that is not carrying out procurement under a reserved procurement arrangement or a transferred Northern Ireland procurement arrangement.

Part 5 — Application of Parts 2 and 3: devolved Welsh and Scottish authorities

Application of Parts 2 and 3 in relation to devolved Welsh authorities

49

(1) Parts 2 and 3 apply to a contracting authority that is a devolved Welsh authority in relation to a procurement under—

(a) a reserved procurement arrangement, and

(b) a transferred Northern Ireland procurement arrangement.

(2) Parts 2 and 3 do not apply to a contracting authority in relation to a procurement under a devolved Welsh procurement arrangement.

Application of Parts 2 and 3 in relation to devolved Scottish authorities

50

Parts 2 and 3 apply to a contracting authority that is a devolved Scottish authority in relation to a procurement which is regulated in accordance with section 115A of, and Schedule 9A to, the PA 2023.

Schedule 1 — Light touch services

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