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Section 12 Covered procurement: objectivesI1I2C1

United Kingdom

(1)

In carrying out a covered procurement, a contracting authority must have regard to the importance of—

(a)

delivering value for money;

(b)

maximising public benefit;

(c)

sharing information for the purpose of allowing suppliers and others to understand the authority’s procurement policies and decisions;

(d)

acting, and being seen to act, with integrity.

(2)

In carrying out a covered procurement, a contracting authority must treat suppliers the same unless a difference between the suppliers justifies different treatment.

(3)

If a contracting authority considers that different treatment is justified in a particular case, the authority must take all reasonable steps to ensure it does not put a supplier at an unfair advantage or disadvantage.

(4)

In carrying out a covered procurement, a contracting authority must—

(a)

have regard to the fact that small and medium-sized enterprises may face particular barriers to participation, and

(b)

consider whether such barriers can be removed or reduced.

Annotations

Modifications

C1

S. 12 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))

Commencement

I1

S. 12 not in force at Royal Assent, see s. 127(2)

I2

S. 12 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))