A transparency notice is a prescribed notice published before certain direct awards to explain the buyer’s intention and the legal basis for awarding without a competitive tender.
Detailed explanation
The notice supports openness where a contracting authority proposes to award directly under an applicable ground. It normally identifies the buyer, intended supplier, contract and justification required by the current legal framework.
For suppliers, publication can reveal planned direct-award activity and provide useful market intelligence. It does not itself create an open competition, and businesses should avoid treating it as an invitation to submit an unsolicited tender.
The term has a specific legal meaning under the Procurement Act 2023 regime. It should not be confused with general transparency notices or legacy voluntary ex ante transparency terminology without checking the applicable procurement.
Why it matters
It supports transparency around non-competitive awards.
How buyers use it
The buyer publishes the notice to disclose the proposed direct award and provide the prescribed information before entering into the contract.
What suppliers should do
- Read the stated direct-award ground carefully.
- Confirm the applicable regime and dates.
- Use the information for pipeline and market analysis.
- Avoid assuming the notice is an open invitation to bid.
- Seek appropriate advice promptly where a material concern exists.
Where it fits in the process
- 1Direct-award ground identified
- 2Buyer prepares justification
- 3Transparency notice published
- 4Applicable award steps completed
- 5Contract entered into and further notice published
Frequently asked questions
Can we submit a bid after seeing the notice?
Not unless the buyer separately opens a competition or invites a response.
Does publication make every direct award lawful?
No. The buyer must still satisfy the applicable legal requirements.
Is this the same as a contract award notice?
No. A transparency notice precedes certain direct awards; other notices communicate later award or contract information.
Can SMEs use the notice for business development?
Yes. It can inform account planning, future engagement and competitor analysis.
What should we avoid?
Do not rely on assumptions from older procurement terminology without checking the current regime.
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