The Procurement Regulations 2024

Contract award notices published by private utilities: direct awards

29.—(1) This regulation sets out other information which must be included in a contract award notice published by a private utility under section 50(1) of the PA 2023 where the contract was awarded directly in accordance with section 41 or 43 of the PA 2023.

(2) The information is—

(a) the same information referred to in regulation 27(2)(a) to (r), except sub-paragraphs (c)(iii) and (iv), (h) to (j), (l), (n) and (o),

(b) the estimated date when the contract will be entered into,

(c) 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,

(d) whether the contract is being awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the PA 2023,

(e) if sub-paragraph (d) applies, the direct award justification in Schedule 5 which applies and an explanation of why the contracting authority considers that it applies,

(f) whether the contract is being awarded directly to a supplier that is an excluded supplier because the contracting authority considers that there is an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the PA 2023,

(g) if sub-paragraph (f) applies—

(i) the offence or other event mentioned in Schedule 6 to the PA 2023 by virtue of which the supplier is an excluded supplier, and

(ii) which ground in section 41(5) of the PA 2023 applies and an explanation of why the contracting authority considers that it applies,

(h) whether the contract is being awarded directly to a supplier pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc),

(i) if sub-paragraph (h) applies, the title and registration number of the statutory instrument containing those regulations,

(j) whether the contract is being awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the PA 2023 (switching to direct award), and

(k) if sub-paragraph (j) applies, the reason the contracting authority considers there were no suitable tenders or requests to partipate by reference to section 43(2) of the PA 2023 and why it considers that an award under section 19 is not possible in the circumstances.

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