What is a transparency notice?
A transparency notice is the notice a contracting authority must publish before making a direct award of a public contract under the Procurement Act 2023. It states that the authority intends to award a contract without competition and sets out the ground it is relying on. Its purpose is to let the market see a non-competitive award before the contract is signed, rather than after the event.
Transparency notice, explained
When a contracting authority decides to award a contract directly, without competing it, the Procurement Act 2023 requires it to publish a transparency notice before making that award. The notice puts the intention on the public record: what is being bought, who the intended supplier is, and which of the Act's direct award grounds is being relied on. Publishing it is a condition of using the direct award route, not an optional courtesy.
The point is timing. Before the Act, a supplier that objected to a non-competitive award often learned about it only once the contract was in place, when the practical remedies were limited. Publishing before the award gives the market a window to see the decision, ask questions and, where it believes the ground does not hold, raise a challenge while it can still make a difference. Weak or vague justification in the notice is an invitation for exactly that.
Do not confuse it with the other notices. A tender notice opens a competition and invites suppliers to take part. A contract award notice is published before entering into a contract and announces the intended award, competitive or not. A contract details notice follows once the contract has been entered into. The transparency notice is specific: it is the pre-award disclosure that a contract is about to be handed out without competition.
Key things to know
Required before a direct award
The authority must publish it before making the direct award, not afterwards.
States the ground
It sets out which of the Act's direct award grounds the authority is relying on.
Names the intended supplier
The market can see who is being awarded the contract and for what.
Creates a window for scrutiny
Suppliers can question the justification before the contract is signed rather than after.
Not a tender notice
It does not open a competition and does not invite tenders; it discloses that there will not be one.
Sits alongside other notices
A contract award notice follows before entering the contract, and a contract details notice after.
Explore: What is direct award?, What is a contract award notice?, What is a standstill period?, For buyers: compliance.
How eSourcingData helps
eSourcingData connects the decision to the notice, so the justification you record is the justification you publish.
Notice tracking
Know which notices each award needs and when, so nothing is published late or forgotten.
Justification on file
Capture the ground and its evidence at the point of decision, ready for the notice.
Approval before publication
Route direct award decisions through governance before anything reaches the public record.
Audit-ready history
Keep a complete trail of what was published, when, and by whom.
FAQs
What is a transparency notice?
A transparency notice is the notice a contracting authority must publish before making a direct award of a public contract under the Procurement Act 2023. It states that the authority intends to award without competition, names the intended supplier and sets out the ground being relied on, so the market can see the decision before the contract is signed.
When is a transparency notice required?
Before a direct award is made. Direct award is permitted only on the limited grounds set out in the Procurement Act 2023, and publishing a transparency notice is part of using that route. It is a pre-award disclosure, so publishing it after the contract has been entered into does not meet the requirement.
What is the difference between a transparency notice and a contract award notice?
A transparency notice is specific to direct award and is published before the award is made, setting out the ground relied on. A contract award notice is published before entering into a contract, competitive or not, announcing the intended award. Direct awards therefore generate both, at different points in the process.
Can a transparency notice be challenged?
The notice itself is a disclosure, but it is what makes an early challenge to the award possible. A supplier that believes the direct award ground does not hold can see the intention while the contract is still unsigned and raise its concerns then, which is precisely why the Act requires publication before the award.
Does a transparency notice mean the award is lawful?
No. Publishing the notice satisfies a procedural requirement, but it does not validate the underlying justification. If the ground being relied on does not actually apply to the circumstances, the award remains open to challenge whether or not the notice was published correctly.
Publish the right notice at the right time
See how eSourcingData helps UK buyers manage transparency and award notices under PA23. Book a demo or request a pilot.