Public Procurement

Public Contracts Regulations 2015 - Regulation 112

Pedro Telles

19 Aug 2015 — 1 min read

Regulation 112 - Publication of information on Contracts Finder about contracts awarded

Regulation 112 caps Chapter 8 with a set of rules on how contracting authorities are to publish contract award information on Contracts Finder. As we are talking about below-thresholds contracts, the obligation this is a purely national obligation. As for the information that needs to be uploaded, it is fairly similar to what is required in Regulation 108 with a significant addition. Under Regulation 112, contracting authorities have to disclose if the contractor is an SME or VCSE.

There is no confusion on what constitutes an SME as paragraph 4 refers to the definitions on Commission Recommendation of 6 May 2003. As for what constitutes a VCSE, this is the first time I encounter this acronym which apparently stands for "voluntary, community and social enterprise". Paragraph 4 defines VCSE as "a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives." Would it not be simpler to just refer to third-sector organisations? Or charities (although this is a more restricted definition)?

The usual restrictions on disclosing information (impeding law enforcement, affecting legitimate commercial interests or fair competition) which we have seen before are applicable here as well.

Finally, guidance issued by the Minister for the Cabinet Office shall be regarded but there is no obligation to provide explanations or reports to the Minister in case it is not followed.

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