NEC3 TSC: Can you apply PPN on Framework contract level or Call Off Contract Level?

Under framework Term Service Contract, can you apply PPN on Framework contract level or Call Off Contract Level?

Procurement Policy Notes are published by the Cabinet Office and offer guidance on best practice for public sector procurement, the key word here is “guidance” and when you read the actions in them they all use the words “contracting authorities should …” not “must” or “will” etc.

Presumably your question relates to the two COVID-19 PPNs that were issued within the last 2 weeks? PPN01/20 deals with what options contracting authorities have if needing to award contracts urgently and PPN02/20 deals with speeding up payments to the supply chain to protect suppliers from insolvency.

If you’re operating under a framework agreement then provided the terms of the framework allow it you can do direct award as further detailed in PPN01/20, however if the framework does not provide for it then even in these exceptional circumstances you cannot do it with out risking breach of the framework and claims from the other operators on the framework.

PPN01/20 would not serve to operate at a call-off level however PPN02/20 does. PPN02/20 is encouraging contracting authorities to speed up payments to the supply chain using a number of different measures that in normal times may be considered risky strategies. To introduce the measures described in PPN02/20 you may need to vary the terms of your call-off contract to ensure both parties are adequately protected.