Q&As

When is it permissible to use a voluntary ex-ante transparency notice under the Public Contracts Regulations 2015, SI 2015/102?

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Published on LexisPSL on 19/02/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • When is it permissible to use a voluntary ex-ante transparency notice under the Public Contracts Regulations 2015, SI 2015/102?

When is it permissible to use a voluntary ex-ante transparency notice under the Public Contracts Regulations 2015, SI 2015/102?

The approach to modifications/variations of contracts (and when such amounts to a new award of a contract) changed when Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 came in to force, as the rules in relation to this area were codified in PCR 2015, SI 2015/102, reg 72.

A voluntary transparency notice (also known as a voluntary ex-ante transparency notice or VEAT notice) is used in limited circumstances arising under PCR 2015, SI 2015/102 in order to resist challenge on grounds of ineffectiveness under PCR 2015, SI 2015/102, reg 99. It is important to note that a VEAT notice will only be valid if the contracting authority believes the decision being made does not fall foul of PCR 2015, SI 2015/102, reg 72.

If a contracting authority chooses to award a new contract and considers that the procurement rules set out in PCR 2015, SI 2015/102, reg 72 do not apply (such as in cases where a current contract is to be varied), it may publish a

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