The Procurement Bill will require Contracting Authorities to publish a large number of new procurement notices in an effort to increase transparency in public procurement.
The notices are spread across the whole lifecycle of procurement from the planning and tender stages through to entering into and managing a public contract and termination of public contracts. All of the data produced by these new notices is to be displayed and managed via a central digital platform and should provide greater insight into the operative stage of public contracts and the ability to make more informed decisions when it comes to the use of public funds.
We’ve broken down the type of notices into their relevant stages below for you, showing where each notice is found in the Procurement Billand whether it is a mandatory or discretionary requirement for contracting authorities.
Preliminary steps stage
Planned procurement notices
- Section 15(1): Before publishing a tender notice, a contracting authority may publish a planned procurement notice.
- Section 15(2): a “planned procurement notice” means a notice setting out – (a) that the contracting authority intends to publish a tender notice, and (b) any other information specified in regulations under Section 93.
- Section 15(3):A “qualifying planned procurement notice” means a planned procurement notice published at least 40 days (but not more than 12 months) before the day on which the tender notice is published.
- Section 54(4): Provides that where a qualifying planned procurement notice has been published, the minimum tendering period is 10 days.
Mandatory or discretionary requirement: Discretionary
Preliminary market engagement notices
- Section 17(1): If a contracting authority carries out a preliminary market engagement, the authority must – (a) publish a preliminary market engagement notice before publishing a tender notice, or (b) provide reasons for not doing so in the tender notice.
- Section 17(1): A “preliminary market engagement notice” means a notice setting out – (a) that the contracting authority intends to conduct, or has conducted, preliminary market engagement, and (b) any other information specified in regulations under Section 93.
Mandatory or discretionary requirement: Mandatory
Competitive award stage
Tender notices
- Section 21(1): A contracting authority must publish a tender notice for the purpose of – (a) inviting suppliers to submit a tender as part of an open procedure, or (b) in the case of a competitive flexible procedure – (i) inviting suppliers to submit a request to participate in the procedure, or (ii) where no such invitation is made, inviting suppliers to submit their first, or only, tender as part of the procedure.
- Section 21(2): A “tender notice” means a notice setting out – (a) that a contracting authority intends to award a public contract under Section 19, and (b) any other information specified in regulations under Section 93.
Mandatory or discretionary requirement: Mandatory
Qualifying utilities dynamic market notices: no duty to publish a tender notice
- Section 40(1): The duty to publish a tender notice in Section 21(1) does not apply in relation to the award of a contract by reference to suppliers’ membership of – (a) a utilities dynamic market established by reference to a qualifying utilities dynamic market notice, or (b) a part of such market.
- Section 40(2): A contracting authority must instead provide a tender notice to member of the market, or part of the market, for the purposes set out in Section 21(1) (‘Tender notices’).
Mandatory or discretionary requirement: Mandatory
- Section 40(3): A contracting authority may also provide a tender notice to suppliers that have applied for membership of the market, or part of the market, but have yet to be accepted or rejected.
Mandatory or discretionary requirement: Discretionary
Dynamic market notices
- Section 39(2): Before establishing a dynamic market, a contracting authority must publish notice setting out – (a) that the authority intends to establish a dynamic market, and (b) any other information specified in regulations under Section 93.
- Section 39(3): As soon as reasonably practicable after establishing a dynamic market, the contracting authority must publish a notice setting out – (a) that the dynamic market has been established, and (b) any other information specified in regulations under Section 93.
- Section 39(4): As soon as reasonably practicable after modifying a dynamic market, the contracting authority must publish a notice setting out – (a) the modifications made to the market, and (b) any other information specified in regulations under Section 93.
- Section 39(5): As soon as reasonably practicable after a dynamic market ceases to operate, the contracting authority that established the market must publish a notice setting out – (a) that the dynamic market has ceased to operate, and (b) any other information specified in regulations under Section 93.
Mandatory or discretionary requirement: Mandatory
Transparency notices
- Section 44(1): Before awarding a contract under Section 41 (Direct award in special cases) or 44 (Switching to direct award) a contracting authority must publish a transparency notice.
- Section 44(2): A “transparency notice” means a notice setting out – (a) that a contracting authority intends to award a contract directly, and (b) any other information specified in regulations under Section 93.
Note: Section 44 does not apply in relation to the award of contract under Section 41.
Mandatory or discretionary requirement: Mandatory
After award, standstill periods and notices stage
Contract award notices
- Section 50(1): Before entering into a public contract, a contracting authority must publish a contract award notice.
- Section 50(2): A “contract award notice” means a notice setting out – (a) that the contracting authority intends to enter into a contract, and (b) any other information specified in regulations under Section 93.
Mandatory or discretionary requirement: Mandatory
Contract details notice
- Section 53(1): A contracting authority that enters into a public contract must publish a contract details notice – (a) if the contract is a light touch contract, before the end of the period of 120 days beginning with the day on which the contract is entered into; (b) otherwise, before the end of the period of 30 days beginning with the day on which the contract is entered into.
- Section 53(2): A “contract details notice” means a notice setting out – (a) that the contracting authority has entered into a contract, and (b) any other information specified in regulations under Section 93.
Mandatory or discretionary requirement: Mandatory
General provision about award and procedures stage
Procurement termination notices
- Section 55(1): This section applies if, after publishing a tender or transparency notice in respect of a public contract, a contracting authority decides not to award the contract.
- Section 55(2): As soon as reasonably practicable after making the decision, the contracting authority must give notice to that effect.
Note that this section does not apply to private utilities.
Mandatory or discretionary requirement: Mandatory
Management of public contracts stage
Payments compliance notice
- Section 68(1): Before the end of the period of 30 days beginning with the last day of a reporting period, a contracting authority must publish a payments compliance notice if during that period – (a) the authority made a payment under a public contract; (b) a sum owed by the authority under a public contract became payable.
- Section 68(2): A “payments compliance notice” means a notice setting out – (a) specified information about the contracting authority’s compliance with the term set out in Section 67(2) (payment within 30 days), and (b) any other specified information.
Mandatory or discretionary requirement: Mandatory
Contract changes notice
- Section 74(1): Before modifying a public contract or convertible contract, a contracting authority must publish a contract change notice.
- Section 74(3): A “contract change notice” is a notice setting out – (a) that the contracting authority intends to modify the contract; (b) any other information specified in regulations under the Section 93.
Mandatory or discretionary requirement: Mandatory
Contract termination notices
- Section 79(1): Before the end of the period of 30 days beginning with the day on which a public contract is terminated, a contracting authority must publish a contract termination notice.
- Section 79(2): A “contract termination notice” is a notice setting out – (a) that the contract has been terminated, and (b) any other information specified in regulations under Section 93.
Mandatory or discretionary requirement: Mandatory
Regulated below-threshold contracts stage
Regulated below-threshold contracts notices
- Section 86(1): A contracting authority may not advertise for the purpose of inviting tenders in relation to the award of a notifiable below-threshold contract without first publishing a below-threshold tender notice.*
- Section 86(3): As soon as reasonably practicable after entering into a notifiable below-threshold contract, a contracting authority must publish a contract details notice.
- Section 86(5): A “below-threshold tender notice” is a notice setting out – (a) that the contracting authority intends to award a contract, and (b) any other information specified in regulations under Section 93.
*Does not apply if a contracting authority advertises only for the purpose of inviting tenders from particular or pre-selected suppliers.
Mandatory or discretionary requirement: Mandatory
Information and notices: General provision stage
Pipeline notices
- Section 91(1): This section applies in relation to any contracting authority that consider that, in the coming financial year, it will pay more than £100 million under relevant contracts.
- Section 91(2): A contracting authority must publish a pipeline notice before the end of the period of 56 days beginning with the first day of the financial year referred to in subsection (1).
- Section 91(3): A “pipeline notice” means a notice setting out specified information about any public contract with an estimated value of more than £2 million in respect of which the contracting authority intends to publish a tender notice or transparency notice during that reporting period.
Mandatory or discretionary requirement: Mandatory
