Procurement Act 2023

CHAPTER 5 After award, standstill periods and notices

50 Contract award notices and assessment summaries

(1) Before entering into a public contract, a contracting authority must publish a contract award notice.

(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 95.

(3) Before publishing a contract award notice in respect of a contract awarded under section 19 (award following competitive tendering procedure), a contracting authority must provide an assessment summary to each supplier that submitted an assessed tender.

(4) An “assessment summary” means, in relation to an assessed tender, information about the contracting authority’s assessment of—

(a) the tender, and

(b) if different, the most advantageous tender submitted in respect of the contract.

(5) In this section, an “assessed tender” is a tender which—

(a) was submitted in respect of the contract and assessed for the purposes of determining the most advantageous tender under section 19(1), and

(b) was not disregarded in the assessment of tenders.

(6) Subsection (1) does not apply in relation to—

(a) a defence and security contract awarded under a defence and security framework;

(b) a contract awarded under section 41 by reference to paragraph 15 of Schedule 5 (direct award: user choice contracts).

51 Standstill periods on the award of contracts

(1) A contracting authority may not enter into a public contract before—

(a) the end of the mandatory standstill period, or

(b) if later, the end of another standstill period provided for in the contract award notice.

(2) The “mandatory standstill period” is the period of eight working days beginning with the day on which a contract award notice is published in respect of the contract.

(3) Subsection (1) does not apply in relation to a contract that is—

(a) awarded under section 41 by reference to paragraph 13 of Schedule 5 (direct award: extreme and unavoidable urgency);

(b) awarded under section 41 by reference to regulations under section 42 (direct award to protect life, etc);

(c) awarded under section 41 or 43 (direct award and switching to direct award) by a private utility;

(d) awarded in accordance with a framework;

(e) awarded by reference to a dynamic market;

(f) a light touch contract.

(4) If a contract is of a kind described in subsection (3), a contracting authority may not enter into the contract before the end of any standstill period (a “voluntary standstill period”) provided for in the contract award notice.

(5) A voluntary standstill period may not be less than a period of eight working days beginning with the day on which the contract award notice is published.

52 Key performance indicators

(1) Before entering into a public contract with an estimated value of more than £5 million, a contracting authority must set at least three key performance indicators in respect of the contract.

(2) Subsection (1) does not apply if the contracting authority considers that the supplier’s performance under the contract could not appropriately be assessed by reference to key performance indicators.

(3) A contracting authority must publish any key performance indicators set under subsection (1).

(4) A “key performance indicator” is a factor or measure against which a supplier’s performance of a contract can be assessed during the life-cycle of the contract.

(5) An appropriate authority may by regulations amend this section for the purpose of changing the financial threshold.

(6) This section does not apply in relation to a public contract that is—

(a) a framework,

(b) a utilities contract awarded by a private utility,

(c) a concession contract, or

(d) a light touch contract.

(7) See section 71 for provision about assessing performance against, and publishing information about, key performance indicators.

53 Contract details notices and publication of contracts

(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.

(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 95.

(3) A contracting authority that enters into a public contract with an estimated value of more than £5 million must publish a copy of the contract—

(a) if the contract is a light touch contract, before the end of the period of 180 days beginning with the day on which the contract is entered into;

(b) otherwise, before the end of the period of 90 days beginning with the day on which the contract is entered into.

(4) Subsection (3) does not apply in relation to a contract—

(a) awarded by a devolved Welsh authority or a transferred Northern Ireland authority, unless it is awarded under a reserved procurement arrangement, or

(b) awarded under a devolved Welsh procurement arrangement or a transferred Northern Ireland procurement arrangement.

(5) A Minister of the Crown may by regulations amend this section for the purpose of changing the financial threshold.

(6) This section does not apply—

(a) to private utilities, or

(b) in relation to a contract awarded under section 41 by reference to paragraph 15 of Schedule 5 (direct award: user choice contracts).