The Procurement Regulations 2024

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,

(c) the unique identifier for—

(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.