Transparency Notice

One of the most innovative transparency mechanisms introduced by the Procurement Act 2023 is the transparency notice, which applies specifically to planned direct awards. By publishing a notice before the contract is signed, rather than only after, the Act gives the market a meaningful opportunity to scrutinise and, where appropriate, challenge decisions to bypass competition.

What is a transparency notice?

A transparency notice is a notice that a covered buyer must publish on Find a Tender when it intends to make a direct award. The notice must be published at least 10 days before the buyer signs the contract, giving suppliers time to consider whether to challenge the decision before it becomes a fait accompli.

The transparency notice must include the identity of the intended supplier, the estimated value of the contract, the duration of the proposed contract, the goods, services, or works being procured, and the specific ground under the Procurement Act 2023 on which the direct award is proposed. This information, combined with the separate direct award justification documentation, creates a complete public record of why competition is being bypassed.

The 10-day minimum period is waived in genuine emergency situations where immediate action is required and delay would cause serious harm. In emergency cases, the buyer must publish the transparency notice as soon as reasonably practicable after making the direct award.

The transparency notice sits within a wider system of notices under the Act that collectively track the lifecycle of a contract: the pipeline notice signals future procurement, the planned procurement notice announces upcoming competition, the tender notice opens the competition, the transparency notice signals a planned direct award, and the contract details notice records what was finally awarded.

Why it matters for bidders

The transparency notice converts what was previously a silent, post-award discovery into an advance warning. If a buyer in your market is planning to directly award a contract that you believe should be competed, you now have at least 10 days to act before the contract is signed. You can contact the buyer to raise concerns, seek legal advice on a challenge, or apply to a court for an injunction preventing signature.

Monitoring Find a Tender for transparency notices in your sector is therefore an important part of market surveillance, not just opportunity-finding. A transparency notice may represent either a legitimate exceptional circumstance or an improper avoidance of competition.

Example

A regional police authority needs to extend its cybersecurity monitoring contract with an incumbent for 12 months while a new competitive procurement is prepared. It publishes a transparency notice on Find a Tender identifying the incumbent, the value (GBP 800,000), the duration (12 months), and the ground (operational continuity pending competition). Three weeks later, after no challenge is received, it signs the extended contract and publishes a contract details notice.

Frequently Asked Questions

Is a transparency notice required for all direct awards?

Yes, for all planned direct awards subject to the Act, with the exception of genuine emergency direct awards where delay is not possible. Even for emergency awards, a transparency notice must be published as soon as practicable after the award is made.

What happens if a buyer fails to publish a transparency notice?

A failure to publish the required notice is a breach of the Procurement Act 2023 and may expose the buyer to a successful legal challenge. Courts can declare a contract signed without the required notice to be ineffective.

Can a competitor force a buyer to run a competition after seeing a transparency notice?

Not automatically. A competitor can challenge the legal basis of the direct award and seek a court order preventing signature. The court will assess whether the ground cited is valid and, if not, may grant an injunction. The 10-day window is short, so prompt legal advice is essential.