New PPN Published: update to legal and policy requirements to publish procurement information on Contracts Finder

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PPN 07/21 was published on 24 June 2021 and provides consolidated guidance that reminds public bodies of the requirements of the Public Contracts Regulations 2015 (PCR) to publish information about opportunities and awards over certain low value thresholds on Contracts Finder.

The PPN includes guidance, which also incorporates additional policy requirements on Central Government to publish procurement and contract documents.  The PPN takes immediate effect.

The guidance is split into two parts;

  • Part one, which applies to all contracting authorities across the public sector (and for the purposes of this PPN, also includes NHS trusts), replaces PPN 07/16 and the associated guidance.
  • Part two, which applies to central government authorities, replaces previous guidance on publication of central government tenders and contracts.

Please note that the PPN states that NHS trusts are to be considered as sub-central contracting authorities for the purposes of Part 1 and are exempt from applying Part 2 (despite being listed as a central government authority in the PCR).

Publication on Contracts Finder is not required where the procurement is for health care services for the purposes of the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013.

The PPN covers contract notices and contract award notices.

The PPN;

  • Replaces the references to OJEU/TED with Find a Tender service (FTS), in order to reflect the UK’s departure from the EU. Further information is provided on publishing to FTS and Contracts Finder.
  • Further defines “Contract award” as the date on which the contract is signed by the last contracting party.
  • Aligns the definition of central government with the definition of central government authorities in regulation 2 of the PCR.
  • Requires the publication of award details and awarded contracts for central government within a fixed 30 calendar days of award.
  • Provides further clarity for redactions, framework agreements and contract modifications.

In practice

All in scope organisations should apply part one, and central government authorities should also apply part two of the guidance with immediate effect.

Hempsons’ specialist procurement team can advise you on the issues raised within PPN 07/21 or any other procurement issues.

Click here to read PPN 07/21 in full

Click here to read the guidance here

If you have any questions regarding this then please do get in touch with Andrew.

 

Authors

Andrew Daly

Partner and Head of Procurement
  • Harrogate, Newcastle
  • Procurement, Commercial
  • 01423 724015