The Public Contracts Regulations 2015

CHAPTER 4 U.K. RECORDS AND REPORTS

Retention of contract copies U.K.

83.—(1) Contracting authorities shall, at least for the duration of the contract, keep copies of all concluded contracts with a value equal to or greater than—

(a) [F1 £884,720] in the case of public supply contracts or public service contracts;

(b) [F2 £8,847,200] in the case of public works contracts.

(2) Contracting authorities shall grant access to those contracts, but access to specific documents or items of information may be denied to the extent and on the conditions provided for in the [F3 rules on access to documents and data protection applicable in the relevant part of the United Kingdom].

Textual Amendments

F1 Sum in reg. 83(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(54)(a)(i) (with Sch. paras. 3-5)

F2 Sum in reg. 83(1)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(54)(a)(ii) (with Sch. paras. 3-5)

F3 Words in reg. 83(2) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(54)(b) (with Sch. paras. 3-5)

Reporting and documentation requirements U.K.

Individual reports

84.—(1) For every contract or framework agreement covered by this Part, and every time a dynamic purchasing system is established, contracting authorities shall draw up a written report which shall include at least the following:—

(a) the name and address of the contracting authority, the subject-matter and value of the contract, framework agreement or dynamic purchasing system;

(b) where applicable, the results of the qualitative selection and reduction of numbers pursuant to regulations 65 and 66, namely:—

(i) the names of the selected candidates or tenderers and the reasons for their selection;

(ii) the names of the rejected candidates or tenderers and the reasons for their rejection;

(c) the reasons for the rejection of tenders found to be abnormally low;

(d) the name of the successful tenderer and the reasons why its tender was selected and, where known—

(i) the share (if any) of the contract or framework agreement which the successful tenderer intends to subcontract to third parties, and

(ii) the names of the main contractor's subcontractors (if any);

(e) for competitive procedures with negotiation and competitive dialogues, the circumstances as laid down in regulation 26 which justify the use of those procedures;

(f) for negotiated procedures without prior publication, the circumstances referred to in regulation 32 which justify the use of this procedure;

(g) where applicable, the reasons why the contracting authority has decided not to award a contract or framework agreement or to establish a dynamic purchasing system;

(h) where applicable, the reasons why means of communication other than electronic means have been used for the submission of tenders;

(i) where applicable, conflicts of interests detected and subsequent measures taken.

(2) But such a report is not required in respect of contracts based on framework agreements where these are concluded in accordance with regulation 33(7) or (8)(a).

(3) To the extent that the contract award notice drawn up in accordance with regulation 50 or 75(3) contains the information required in this paragraph, contracting authorities may refer to that notice.

[F4 (4) A contracting authority shall communicate the report, or its main elements—

(a) to the Cabinet Office if it so requests;

(b) where the contracting authority is a devolved Welsh authority, to the Welsh Ministers if they so request (whether or not the Cabinet Office also makes a request under sub-paragraph (a));

(c) where the contracting authority is a devolved Northern Ireland authority, to a Northern Ireland department if that department so requests (whether or not the Cabinet Office also makes a request under sub-paragraph (a)).]

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documentation of progress and decisions

(7) Contracting authorities shall document the progress of all procurement procedures, whether or not they are conducted by electronic means.

(8) To that end, contracting authorities shall ensure that they keep sufficient documentation to justify decisions taken in all stages of the procurement procedure, such as documentation on —

(a) communications with economic operators and internal deliberations,

(b) preparation of the procurement documents,

(c) dialogue or negotiation if any,

(d) selection and award of the contract.

(9) The documentation shall be kept for a period of at least 3 years from the date of award of the contract.

Textual Amendments

F4 Reg. 84(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(55)(a) (with Sch. paras. 3-5)

F5 Reg. 84(5) omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(55)(b) (with Sch. paras. 3-5)

F6 Reg. 84(6) and cross-heading omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(55)(c) (with Sch. paras. 3-5)