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

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.

25/03/2015

  • 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.

 

Information

Regulations

Basic information

 

Name and address of contracting authority

84(1)(a)

 

Subject matter of the contract, framework agreement or dynamic purchasing system (DPS)

84(1)(a)

 

Value of the contract, framework agreement or DPS

84(1)(a)

Choice of procedure

 

Competitive procedure with negotiation: circumstances in Regulation 26 which justify use of the procedure

84(1)(e)

26(4)

 

Competitive dialogue: circumstances in Regulation 26 which justify use of the procedure

84(1)(e)

26(4)

 

Negotiated procedure without prior publication: circumstances in Regulation 32 which justify use of the procedure

84(1)(f)

32

Conduct of the procurement process

 

Electronic communication: where applicable, reasons why means of communication other than by electronic means have been used for submission of tenders

84(1)(h)

22

 

Conflicts of interest: where applicable, conflicts of interest detected and subsequent measures taken

84(1)(i)

24

 

Prior involvement of candidates or tenderers: measures taken to ensure that competition is not distorted by the participation of a candidate or tenderer which had prior involvement

41

 

Division of contract into lots: main reasons for decision not to subdivide contracts into lots

46(2)

 

Light regime: decision and reasons for the decision not to conduct the procurement in conformity with specified information in the contract notice or prior information notice

76(4)(b)(iii)

84(7)&(8)

Selection stage

 

Setting minimum turnover requirements: reasons for setting minimum yearly turnover requirements above twice the estimated contract value (alternatively can set out the reasons in the procurement documents)

58(9)

 

Qualitative selection (where applicable)

84(1)(b)

56 to 64

 

·         Names of the selected candidates or tenderers and reasons for their selection

84(1)(b)

 

·         Names of the rejected candidates or tenderers and reasons for their rejection

84(1)(b)

 

Reduction in number of qualified candidates (i.e. shortlisting)

 

 

·         Names of the selected candidates or tenderers and reasons for their selection

84(1)(b)

65 & 66

 

·         Names of the rejected candidates or tenderers and reasons for their rejection

84(1)(b)

65 & 66

Award stage

 

Abnormally low tenders:  Reasons for rejection of tenders found to be abnormally low

84(1)(c)

69

 

Tender award

 

 

·         Name of successful tenderer

84(1)(d)

 

·         Reasons why successful tenderer's tender was selected

84(1)(d)

 

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

84(1)(d)(i)

71

 

·         Where known the names of the main contractor's subcontractors

84(1)(d)(ii)

71

 

Decision not to award

 

 

·         Reason why contracting authority has decided not to award a contract or establish a framework or DPS

84(1)(h)


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.

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