The Procurement Regulations 2024

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,

(c) the unique identifier for—

(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(1), 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(2), 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.

(1)

For the meaning of “supported employment provider” see section 32 of the Procurement Act 2023.

(2)

S.I. 2016/339.