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Part 2Transparency of procurements under the Procurement Act 2023

Contract details notices: open or competitive flexible procedure

32.—(1) This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the PA 2023 where the public contract was entered into following—

(a)an open procedure, or

(b)a competitive flexible procedure (including by reference to a dynamic market).

(2) The information is—

(a)the contracting authority information,

(b)the title of the procurement,

(c)the unique identifier for the procurement,

(d)the unique identifier for the public contract,

(e)where the public contract was awarded by reference to suppliers’ membership of a dynamic market, the unique identifier for that dynamic market,

(f)the contract subject-matter,

(g)for each supplier party to the public contract—

(i)the supplier’s name,

(ii)the supplier’s contact postal address and email address,

(iii)the unique identifier for the supplier, and

(iv)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, or

(dd)a public service mutual,

(h)whether the public contract was awarded following—

(i)an open procedure, or

(ii)a competitive flexible procedure,

(i)whether the contract was reserved—

(i)to supported employment providers in accordance with section 32 of the PA 2023, or

(ii)to public service mutuals in accordance with section 33 of the PA 2023,

(j)if the public contract was awarded by reference to a lot—

(i)the title of the lot,

(ii)the distinct number given to the lot by the contracting authority,

(iii)a description of the kinds of goods, services or works which will be supplied,

(iv)a summary of how those goods, services or works will be supplied,

(v)the estimated date when, or period over which, the goods, services or works will be supplied,

(vi)the estimated amount of goods, services or works which will be supplied,

(vii)the estimated value of the lot, and

(viii)the relevant CPV codes,

(k)the estimated value of the public contract,

(l)the date when the public contract was entered into,

(m)a description of any option in the public contract—

(i)to supply additional goods, services or works, or

(ii)to extend or renew the term of the contract,

(n)where the public contract was awarded under an appropriate part of a dynamic market, the distinct number given to that part by the person who established the dynamic market,

(o)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,

(p)whether the public contract is a contract for which the United Kingdom has obligations under the GPA,

(q)from the date when the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom, whether the public contract is a contract for which the United Kingdom has obligations under that Agreement,

(r)where key performance indicators were set in accordance with section 52(1) of the PA 2023—

(i)a description of each key performance indicator, and

(ii)how often the contracting authority will assess performance against the key performance indicators in accordance with section 71(2) of the PA 2023, and

(s)where key performance indicators were not set by virtue of section 52(2) of the PA 2023, an explanation of why the contracting authority considers that the supplier’s performance under the contract could not appropriately be assessed by reference to key performance indicators.

(3) Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

(4) This regulation does not apply to a contract details notice where the public contract is a framework (see instead regulation 33).