Procurement Policy Note 02/20 on supplier relief FAQs updated

The government has updated its Frequently Asked Questions relating to the scope and application of  Procurement Policy Note 02/20 on supplier relief due to COVID-19 (PPN 02/20).

PPN 02/20 was first published on 20 March 2020 and throughout April further guidance, FAQs and model terms have been added.

Recent updates to FAQs include the addition of responses relating to: 

• Supplier access to non-financial contract relief where that supplier has accessed government support such as the Coronavirus Job Retention Scheme;
• The ability for supplier staff to be taken off furlough and redeployed;
• The application of PPN 02/20 to PFI/PF2 contracts (with reference to further guidance published by the Infrastructure and Project Authority);
• The application of PPN 02/20 to concession contracts;
• When supplier relief should be considered and the expectation that employers in continuing receipt of public funding for staff costs will not furlough staff;
• The application of PPN 02/20 to devolved administrations; and
• Review of decisions where the supplier and the contracting authority disagree on the former’s eligibility for contractual relief.

PPN 02/20 acknowledges the impact that the COVID-19 crisis is having on businesses across the board. The FAQs for the PPN are dynamic, with the government having committed to update them regularly to reflect feedback. With the PPN currently having effect until at the least the end of June, contracting authorities are advised to stay abreast of changes to the suite of related documents, which provide best practice guidance.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at April 2020. Specific advice should be sought for specific cases. For more information see our terms & conditions.