# The Procurement (Wales) Regulations 2024, Regulation 36: Contract details notices: direct award

Extent: E+W

(1) This regulation sets out other information which must be included in a contract details notice published under section 53(1) of the 2023 Act where the public contract was awarded directly in accordance with section 41 or 43 of the 2023 Act.
(2) The information is—
(a) the same information referred to in regulation 33(2), except sub-paragraphs (e), (h) and (n),
(b) whether the contract was 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 2023 Act,
(c) if sub-paragraph (b) applies, the direct award justification in Schedule 5 to the 2023 Act which applies and an explanation of why the contracting authority considers that it applies,
(d) whether the contract was awarded directly to a supplier that is an excluded supplier because the contracting authority considered that there was an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the 2023 Act,
(e) if sub-paragraph (d) applies—
(i) the direct award justification in Schedule 5 to the 2023 Act which applies and an explanation of why the contracting authority considers that it applies,
(ii) the offence or other event mentioned in Schedule 6 to the 2023 Act by virtue of which the supplier is an excluded supplier, and
(iii) which ground in section 41(5) of the 2023 Act applies and an explanation of why the contracting authority considers that it applies,
(f) whether the contract was awarded directly to a supplier pursuant to regulations made under section 42 of the 2023 Act (direct award to protect life, etc.),
(g) if sub-paragraph (f) applies, the title and registration number of the statutory instrument containing those regulations,
(h) whether the contract was awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the 2023 Act (switching to direct award),
(i) if sub-paragraph (h) applies, an explanation of why the contracting authority considers there were no suitable tenders or requests to participate by reference to section 43(2) of the 2023 Act and why it considers that an award under section 19 of that Act is not possible in the circumstances,
(j) whether the contract was awarded to a supplier that is an excluded supplier by virtue of section 41(2) of the 2023 Act, and
(k) if sub-paragraph (j) applies, the offence or other event mentioned in Schedule 6 to the 2023 Act in question.
(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 34).

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Source: https://www.legislation.gov.uk/wsi/2024/782/regulation/36 (the official version)
Page: https://openlegislation.uk/procurement-wales-regulations-2024/regulation-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.