Byte size procurement update 19 – Regulation 84 reports and other reporting and document requirements

• Regulation 84 Reports – on contracts, framework agreements and dynamic purchasing systems
• Other reporting requirements
• Documenting decisions
• Retaining copies of contracts

Regulation 84 Reports – on contracts, framework agreements and dynamic purchasing systems

Regulation 84 requires contracting authorities to prepare and retain a written report (a "Regulation 84 Report") covering specified information about the procurement process for every over EU threshold contract, framework agreement and dynamic purchasing system which is awarded or established.

The keeping of procurement records is good, standard procurement practice and most contracting authorities are already likely to have thorough records of every procurement which they undertake. The requirement to prepare reports for submission to the Cabinet Office for the purposes of providing the European Commission with information is not a new concept. The provisions in Regulation 84 are, however, more detailed than before.

The information specified in Regulation 84 is not an exhaustive list. There are other Regulations which refer to additional information to be included in the Regulation 84 Report. 

A summary of the information to be included in the Regulation 84 Report is set out below, with cross references to the relevant Regulations. We have listed the requirements in the order they are likely to arise, rather than sticking with the order set out in Regulation 84. Not all of the information listed will be relevant to every procurement.

Contracts awarded under a framework agreement (Regulation 84(2)): 

A Regulation 84 Report is not required for contracts awarded under framework agreements:

1. Where the framework agreement is with an single economic operator
2. Where the framework agreement is with more than one economic operator and the award of the contract is made without a mini-competition

A Regulation 84 Report is required for contracts awarded under framework agreements where the award is made using a mini competition.

Cross referencing to the contract award notice (Regulation 84(3)): 

If the contract award notice contains information required for the Regulation 84 Report then it is acceptable to cross refer to the contract award notice rather than repeating the information in the Regulation 84 Report

Providing the Report to the European Commission or the Cabinet Office:

Contracting authorities are required to provide the report, or its main elements, when requested to do so to the European Commission, Cabinet Office or such other body as the Cabinet Office shall direct.

Other reporting requirements

Additional requirements to provide information to the Cabinet Office: 

Regulation 84(6) requires contracting authorities to send a report to Cabinet Office containing such other information which the Cabinet Office may request for the purpose of providing the Commission with information. This applies to contracts both above and below the EU thresholds.

Documenting decisions

Regulations 84(7) to (9) require contracting authorities to:

• Document the progress of all procurement procedures
• Ensure that they keep sufficient documentation to justify decisions taken at all stages in the procurement procedure. Regulation 84(8) provides examples of the documentation which should be kept. This covers documentation on:
• • Communications with economic operators and internal deliberations
  • Preparation of procurement documents
  • Dialogue and negotiation (if any)
  • Selection and award of the contract
• Keep documentation for a period of at least 3 years from the date of the award of the contract.

Retaining copies of contracts

Regulation 83 requires contracting authorities to keep copies of concluded contracts over a specified value:

• 1 million Euros for public supply and public service contracts
• 10 million Euros for public works contracts

Contracting authorities are required to grant access to these contracts, although access to specific documents or items of information may be denied in accordance with applicable EU or national rules of access to documents and data protection.