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To ask the Secretary of State for Defence, with reference to his Department’s press release entitled Historic £1.6bn deal provides thousands of air defence missiles for Ukraine and boosts UK jobs and growth, published 2 March 2025, whether an assessment was conducted under the Public Contract Regulations 2015 to determine...
To ask the Secretary of State for Defence, with reference to his Department’s press release entitled Historic £1.6bn deal provides thousands of air defence missiles for Ukraine and boosts UK jobs and growth, published 2 March 2025, whether an assessment was conducted under the Public Contract Regulations 2015 to determine...
I refer the hon. Member to the answer I gave him to Question 40323 on 28 March 2025.
To ask His Majesty's Government, further to the answer by Baroness Anderson of Stoke-on-Trent on 18 February (HL4855), given that the deed of variation amends Clause 1.1 of contract 2887470\5 to remove the UK-only restriction on training services, on what basis they consider that this modification does not materially change the...
To ask His Majesty's Government, further to the answer by Baroness Anderson of Stoke-on-Trent on 18 February (HL4855), given that the deed of variation amends Clause 1.1 of contract 2887470\5 to remove the UK-only restriction on training services, on what basis they consider that this modification does not materially change the...
The original Emergency Planning College Bidders’ Brief makes multiple references to international training and overseas markets and was subsequently covered within the initial contract.
The change within the deed of variation to amend the UK-only constraint was necessary to clarify that international training may require the delivery of face-to-face training at overseas locations, in order to fully meet the contractual requirements for international training.
The UK-only constraint continues to apply to services provided to the Authority under the contract.
To ask His Majesty's Government, further to the answer by Baroness Anderson of Stoke-on-Trent on 18 February (HL4855), on what grounds they determined that the removal of the non-compete clause (Clause 65) from contract 2887470\5 did not constitute a material modification under regulation 72 of the Public Contracts Regulations 2015, and...
To ask His Majesty's Government, further to the answer by Baroness Anderson of Stoke-on-Trent on 18 February (HL4855), on what grounds they determined that the removal of the non-compete clause (Clause 65) from contract 2887470\5 did not constitute a material modification under regulation 72 of the Public Contracts Regulations 2015, and...
The Cabinet Office concluded that the removal of the non-compete clause (Clause 65) from contract 2887470\5 did not constitute a material modification under regulation 72 of the Public Contracts Regulations because it did not materially alter the nature of the contract or the obligations thereunder.
The Government recognises the value of competition in marketplaces and believes that removing the clause ensures that there is fair competition and supports equal treatment of market participants.
To ask His Majesty's Government, with reference to regulation 72 of the Public Contracts Regulations 2015 and the Deed of Variation to contract 2887470\5, published in the procurement notice on 24 January, what consideration they gave to conducting a new competitive procurement instead of extending a contract first awarded in...
To ask His Majesty's Government, with reference to regulation 72 of the Public Contracts Regulations 2015 and the Deed of Variation to contract 2887470\5, published in the procurement notice on 24 January, what consideration they gave to conducting a new competitive procurement instead of extending a contract first awarded in...
The Deed of Variation to contract 2887470\5, enables the transition of the Emergency Planning College (EPC) to the UK Resilience Academy from 15 April 2025 to deliver strategic national resilience training and exercising outcomes.
Given the complexities of the contract covering the management of the physical site, coupled with the provision of training services, the Authority determined that a medium-term permitted extension would allow for better development and planning for a new competitive procurement opportunity, whilst maintaining continuity of key services.
The contract provides for an extension of not less than 2-years and not more than 5-years, and does not include any financial values or thresholds. The extension does not change the economic balance of the Agreement in favour of the Contractor. International sales were covered within the Bidders' Brief as part of the original tender and subsequently the contract.
To ask the Minister for the Cabinet Office, whether contracting authorities are regularly alerted by his Department about suppliers who have been excluded from procurement on the grounds of (a) fraud, (b) corruption and (c) other grounds under the Public Contract Regulations 2015.
To ask the Minister for the Cabinet Office, whether contracting authorities are regularly alerted by his Department about suppliers who have been excluded from procurement on the grounds of (a) fraud, (b) corruption and (c) other grounds under the Public Contract Regulations 2015.
Exclusion decisions are for individual departments. In the most serious of cases, the Cabinet Office may undertake a review of a supplier and issue guidance to departments but the decision on exclusion remains with the contracting authority.
The Procurement Bill, which is making its way through Parliament, further strengthens the rules on supplier exclusion for fraud and corruption. It will also create a new 'debarment register', accessible to all public sector organisations, which will list companies who should be excluded from contracts.
Information about exclusions relating to legal action being initiated by the Government relating to contracts to supply personal protective equipment is not held centrally.
To ask the Minister for the Cabinet Office, how many suppliers the Government excluded from procurement on the grounds of fraud under the Public Contract Regulations 2015 in (a) 2015 (b) 2018 and (c) 2021.
To ask the Minister for the Cabinet Office, how many suppliers the Government excluded from procurement on the grounds of fraud under the Public Contract Regulations 2015 in (a) 2015 (b) 2018 and (c) 2021.
The Government is committed to tackling fraud and corruption in public procurement. All contracting authorities must act, and be seen to act, with integrity.
Information on how many suppliers the Government excluded from procurement on the grounds of fraud under the Public Contract Regulations 2015 is not held centrally. Departments will hold their own exclusions data.
The Public Sector Fraud Authority was established in August 2022 to work with departments and public bodies to understand the causes of fraud and reduce its impact, throughout the commercial lifecycle.
The Procurement Bill, which is making its way through Parliament, further strengthens the rules on supplier exclusion for fraud and corruption.
To ask the Minister for the Cabinet Office, with reference to the Retained EU Law Bill, what plans he has to (a) retain, (b) revoke or (c) replace the Public Contracts Regulations 2015.
To ask the Minister for the Cabinet Office, with reference to the Retained EU Law Bill, what plans he has to (a) retain, (b) revoke or (c) replace the Public Contracts Regulations 2015.
Through the Retained EU Law (Reform and Revocation) Bill, the Government is currently reviewing which retained European Union law should be repealed, reformed or preserved. The existing procurement regime, which includes the Public Contracts Regulations 2015, will need to be preserved until the new regime is ready to be implemented. This is laid out in the Procurement Bill and currently being debated in Parliament.
To ask the Secretary of State for Health and Social Care, whether provisions were included in public contracts with PPE Medpro Ltd in accordance with Regulation 73 of the Public Contracts Regulations 2015 enabling the contracting authority to terminate the contract where the contract should have been excluded from the...
To ask the Secretary of State for Health and Social Care, whether provisions were included in public contracts with PPE Medpro Ltd in accordance with Regulation 73 of the Public Contracts Regulations 2015 enabling the contracting authority to terminate the contract where the contract should have been excluded from the...
The contract entered into with PPE Medpro Ltd for the supply of personal protective equipment contains termination clauses for a material breach and ‘convenience’. The ‘convenience’ clause is a break clause which allows the Department to terminate the contract for any reason.
To ask the Secretary of State for Health and Social Care, whether his Department made an assessment of the compatibility of PPE Medpro Ltd’s bid to provide PPE with Regulation 57 of the Public Contracts Regulations 2015; and if he will make a statement.
To ask the Secretary of State for Health and Social Care, whether his Department made an assessment of the compatibility of PPE Medpro Ltd’s bid to provide PPE with Regulation 57 of the Public Contracts Regulations 2015; and if he will make a statement.
A due diligence assessment was conducted on PPE Medpro using company and financial information. No grounds for mandatory exclusion under Regulation 57 of the Public Contract Regulations 2015 were found.
Letter dated 02/11/2022 from Baroness Neville-Rolfe to Baroness Noakes regarding issues raised in the Procurement Bill committee stage (sixth day) debate: commitment to supporting SMEs, operation (and redress) for exclusion grounds under the Bill, and VAT amendments. 4p.
Letter dated 02/11/2022 from Baroness Neville-Rolfe to Baroness Noakes regarding issues raised in the Procurement Bill committee stage (sixth day) debate: commitment to supporting SMEs, operation (and redress) for exclusion grounds under the Bill, and VAT amendments. 4p.
Letter dated 20/09/2022 from Baroness Goldie to Lord Coaker of Gedling regarding the Procurement Bill committee stage debate (fifth day): contractor past performance in relation to the treatment of ancillary staff. 2p.
Letter dated 20/09/2022 from Baroness Goldie to Lord Coaker of Gedling regarding the Procurement Bill committee stage debate (fifth day): contractor past performance in relation to the treatment of ancillary staff. 2p.
Accounting Officer memorandum: Oasis Restore (Medway) Secure School: full business case. 4p.
Accounting Officer memorandum: Oasis Restore (Medway) Secure School: full business case. 4p.
The Procurement Bill is a government bill that has been introduced in the House of Lords. The bill would reform the current rules on public procurement in the UK, much of which are derived from EU law.
The Procurement Bill is a government bill that has been introduced in the House of Lords. The bill would reform the current rules on public procurement in the UK, much of which are derived from EU law.
To ask Her Majesty's Government whether they have any plans to (1) repeal section 32 of the Public Contracts Regulations 2015 relating to procurement of medical supplies during emergencies such as pandemics, and (2) amend the Health and Care Bill to make provision for new public procurement policies during times...
To ask Her Majesty's Government whether they have any plans to (1) repeal section 32 of the Public Contracts Regulations 2015 relating to procurement of medical supplies during emergencies such as pandemics, and (2) amend the Health and Care Bill to make provision for new public procurement policies during times...
The Government is transforming the regulatory framework for public procurement following the publication of a Green Paper last year. This work is being led by the Cabinet Office. Following a consultation exercise and as set out in the Government response to the consultation exercise published in December 2021, the Government proposes to retain provision allowing limited tendering in situations of extreme urgency brought about by unforeseeable events (Regulation 32(2)(c) in the Public Contracts Regulations). However, the COVID-19 pandemic exposed some uncertainty in applying Regulation 32 where the situation is prolonged or evolving and new measures will set out clear arrangements for how procurement should be conducted, including in situations where extreme urgency is a factor.
The Health and Care Bill does not include provisions for new public procurement policies during times of emergency or pandemics as this is a matter for the Cabinet Office’s regulatory framework for public procurement.
I want to talk about the issue of FoI. We all knew that this was coming in our discussions; it came up at Second Reading, and it has come up in much of the commentary about this Bill. As the Minister will know, there is serious concern about the Government’s...
I want to talk about the issue of FoI. We all knew that this was coming in our discussions; it came up at Second Reading, and it has come up in much of the commentary about this Bill. As the Minister will know, there is serious concern about the Government’s...
To ask Her Majesty's Government what assessment they have made of the effectiveness of section 113(7) of the Public Contract Regulations 2015; and what plans they have, if any, to amend that legislation to tackle issues relating to reporting and non-compliance.
To ask Her Majesty's Government what assessment they have made of the effectiveness of section 113(7) of the Public Contract Regulations 2015; and what plans they have, if any, to amend that legislation to tackle issues relating to reporting and non-compliance.
Section 113(7) of the Public Contracts Regulations 2015 requires contracting authorities to publish their performance against the 30 day obligation to pay their suppliers within 30 days, together with details of interest payable/paid where they fail to do so. It does not place any obligations or responsibilities upon external auditors in the event of a reporting failure.
The Cabinet Office has included proposals in its Green Paper on Procurement Rules Reform to strengthen the reporting requirements of Section 113(7).
The proposals include legislating to align public and private sector reporting requirements and publishing public sector payment performance in a single location which will allow greater scrutiny and challenge of public sector payment performance.
The outcome of the consultation will be published in due course.
To ask Her Majesty's Government why National Health Service Trusts and English Local Authority Councils are allowed to be signatories to the Prompt Payment Code given the reports about failures to pay promptly and make the relevant disclosures under section 113(7) of the Public Contract Regulations 2015.
To ask Her Majesty's Government why National Health Service Trusts and English Local Authority Councils are allowed to be signatories to the Prompt Payment Code given the reports about failures to pay promptly and make the relevant disclosures under section 113(7) of the Public Contract Regulations 2015.
The Office of the Small Business Commissioner administers the Prompt Payment Code (the Code) on behalf of BEIS. The Office of the Small Business Commissioner is an independent public body set up by Government under the Enterprise Act 2016. The Code is a voluntary code of practice which any private or public sector organisation may sign up to. If an organisation chooses to sign up to the Code, they must demonstrate they meet the Code standards.
However, public sector organisations in scope of Reg 113 of the PCRs 2015 are required to meet payment standards as set out in legislation. This requires contracting authorities to include contractual provisions to make payments due to a contractor no later than 30 days from the point it is declared valid and undisputed, and for that verification to take place in a timely fashion and without undue delay.
To ask Her Majesty's Government what reporting obligations and responsibilities are placed on external auditors by section 113(7) of the Public Contract Regulations 2015 in the event of a reporting failure.
To ask Her Majesty's Government what reporting obligations and responsibilities are placed on external auditors by section 113(7) of the Public Contract Regulations 2015 in the event of a reporting failure.
Section 113(7) of the Public Contracts Regulations 2015 requires contracting authorities to publish their performance against the 30 day obligation to pay their suppliers within 30 days, together with details of interest payable/paid where they fail to do so. It does not place any obligations or responsibilities upon external auditors in the event of a reporting failure.
The Cabinet Office has included proposals in its Green Paper on Procurement Rules Reform to strengthen the reporting requirements of Section 113(7).
The proposals include legislating to align public and private sector reporting requirements and publishing public sector payment performance in a single location which will allow greater scrutiny and challenge of public sector payment performance.
The outcome of the consultation will be published in due course.