Regulation 3 Amendments to the Procurement Regulations 2024

The Procurement Regulations 2024^f1 are amended as follows.

In regulation 5 (publication of notices etc on the central digital platform)—

In regulation 7 (core supplier information: platform not working, urgency, private utilities), for paragraph (4) substitute—

“(4)

Paragraph (4A) applies in the case of—

(a)

a direct award of a public contract pursuant to regulations made under section 42 of the PA 2023 (direct award to protect life, etc), or

(b)

a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the PA 2023 (urgency).

(4A)

Regulation 6 is to be read as if—

(a)

the reference in paragraph (4) to the contracting authority obtaining confirmation before the award of the public contract were a reference to the authority obtaining confirmation as soon as practicable and in any event before the date when the contract details notice is published, and

(b)

paragraphs (6) to (8) were omitted.”.

In regulation 24(2) (below-threshold tender notices)—

In regulation 36 (contract details notices: below-threshold contracts), in paragraph (2)(e)(iii) omit “except where the supplier has not obtained one,”.

After regulation 36, insert—

“Supplier registration on central digital platform: below-threshold contracts

36A

(1)

Before the publication of a contract details notice in accordance with section 87(3) of the PA 2023, the contracting authority must obtain from the supplier—

(a)

confirmation that the supplier has taken the steps set out in paragraph (2), and

(b)

its unique identifier.

(2)

The steps are—

(a)

the supplier has registered on the central digital platform, and

(b)

the supplier has submitted the required information to that platform.

(3)

In this regulation “required information” means—

(a)

the supplier’s name,

(b)

the supplier’s contact postal address and email address, and

(c)

whether the supplier is—

(i)

a small and medium-sized enterprise, or

(ii)

a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives.”.

After regulation 38 (payments compliance notices), insert—

“Contract payment information

38A

(1)

This regulation sets out what information about a payment must be published under section 70(1) of the PA 2023 (“the payment information”).

(2)

The payment information is—

(a)

in respect of the contracting authority which made the payment—

(i)

the name of the contracting authority,

(ii)

a contact postal address and email address for the contracting authority,

(iii)

the unique identifier for the contracting authority,

(b)

if different from sub-paragraph (a), the information referred to in that sub-paragraph in respect of the contracting authority which published the contract details notice under section 53 of the PA 2023 in respect of the relevant contract,

(c)

the unique identifier for—

(i)

the procurement, and

(ii)

the relevant contract,

(d)

in respect of each payment to which the payment information relates—

(i)

the name of the supplier to whom the payment was made, and

(ii)

the unique identifier for the supplier to whom the payment was made,

(e)

the value of the payment net of VAT, and

(f)

the date when the payment was made.

(3)

A unique identifier is not required to be published by virtue of paragraph (2)(c) or (d)(ii) if—

(a)

no notice relating to the relevant contract has been previously published on the central digital platform, and

(b)

the unique identifier is not available.

(4)

In paragraphs (2)(b), (c) and (3), the relevant contract is the public contract under which the payment to which the payment information relates was made.

(5)

Nothing in this regulation prevents a contracting authority from publishing other relevant information alongside the payment information.”.

In regulation 50 (application of Parts 2 and 3 in relation to devolved Scottish authorities), for “Schedule 9” substitute “Schedule 9A”.

In the table in Schedule 2 (central government authorities)—