Procurement Act 2023

71 Assessment of contract performance

(1) Subsection (2) applies where a contracting authority has set key performance indicators in accordance with section 52(1).

(2) At least once in every period of twelve months during the life-cycle of the contract and on termination of the contract the contracting authority must —

(a) assess performance against the key performance indicators, and

(b) publish information specified in regulations under section 95 in relation to that assessment.

(3) Subsection (5) applies if—

(a) a supplier has breached a public contract, and

(b) the breach results in—

(i) termination (or partial termination) of the contract,

(ii) the award of damages, or

(iii) a settlement agreement between the supplier and the contracting authority.

(4) Subsection (5) also applies if a contracting authority considers that a supplier—

(a) is not performing a public contract to the authority’s satisfaction,

(b) has been given proper opportunity to improve performance, and

(c) has failed to do so.

(5) Before the end of the period of 30 days beginning with the day on which this subsection first applies in relation to a particular breach or failure to perform, the contracting authority concerned must publish the following information—

(a) that this subsection applies,

(b) the circumstances giving rise to its application, and

(c) any other information specified in regulations under section 95.

(6) Subsection (5) does not apply in relation to a light touch contract.

(7) This section does not apply to private utilities.