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The Public Contracts Regulations 2015

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Reporting and documentation requirements

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84.—(1) For every contract or framework agreement covered by this Part, and every time a dynamic purchasing system is established, contracting authorities shall draw up a written report which shall include at least the following:—

(a)the name and address of the contracting authority, the subject-matter and value of the contract, framework agreement or dynamic purchasing system;

(b)where applicable, the results of the qualitative selection and reduction of numbers pursuant to regulations 65 and 66, namely:—

(i)the names of the selected candidates or tenderers and the reasons for their selection;

(ii)the names of the rejected candidates or tenderers and the reasons for their rejection;

(c)the reasons for the rejection of tenders found to be abnormally low;

(d)the name of the successful tenderer and the reasons why its tender was selected and, where known—

(i)the share (if any) of the contract or framework agreement which the successful tenderer intends to subcontract to third parties, and

(ii)the names of the main contractor’s subcontractors (if any);

(e)for competitive procedures with negotiation and competitive dialogues, the circumstances as laid down in regulation 26 which justify the use of those procedures;

(f)for negotiated procedures without prior publication, the circumstances referred to in regulation 32 which justify the use of this procedure;

(g)where applicable, the reasons why the contracting authority has decided not to award a contract or framework agreement or to establish a dynamic purchasing system;

(h)where applicable, the reasons why means of communication other than electronic means have been used for the submission of tenders;

(i)where applicable, conflicts of interests detected and subsequent measures taken.

(2) But such a report is not required in respect of contracts based on framework agreements where these are concluded in accordance with regulation 33(7) or (8)(a).

(3) To the extent that the contract award notice drawn up in accordance with regulation 50 or 75(3) contains the information required in this paragraph, contracting authorities may refer to that notice.

(4) Where the Commission so requests, a contracting authority shall communicate the report, or its main elements, to the Commission.

(5) Where the Cabinet Office so requests, a contracting authority shall communicate the report, or its main elements, to the Cabinet Office or to such other body as the Cabinet Office may direct in connection with any functions which that body exercises for the purposes of Article 83 of the Public Contracts Directive.

Reporting other information required by the Cabinet Office

(6) Contracting authorities shall send to the Cabinet Office a report containing such other information as the Cabinet Office may from time to time request in respect of procurements—

(a)within the scope of this Part, or

(b)which would have been within the scope of this Part if their value had exceeded the relevant threshold mentioned in regulation 5,

for the purpose of enabling the Cabinet Office to provide the Commission with information.

Documentation of progress and decisions

(7) Contracting authorities shall document the progress of all procurement procedures, whether or not they are conducted by electronic means.

(8) To that end, contracting authorities shall ensure that they keep sufficient documentation to justify decisions taken in all stages of the procurement procedure, such as documentation on —

(a)communications with economic operators and internal deliberations,

(b)preparation of the procurement documents,

(c)dialogue or negotiation if any,

(d)selection and award of the contract.

(9) The documentation shall be kept for a period of at least 3 years from the date of award of the contract.

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