Section 85 Regulated below-threshold contracts: procedureI1I2
United Kingdom
If a contracting authority invites the submission of tenders in relation to the award of a regulated below-threshold contract, the authority may not restrict the submission of tenders by reference to an assessment of a supplier’s suitability to perform the contract.
The reference to a supplier’s suitability to perform the contract includes a reference to a supplier’s—
legal and financial capacity;
technical ability.
A Minister of the Crown may by regulations amend this section for the purpose of amending the financial thresholds.
This section does not apply in relation to—
the award of a contract by a devolved Welsh authority, unless it is awarded under a reserved procurement arrangement,
the award of a contract under a devolved Welsh procurement arrangement, or
the award of a contract in accordance with a framework.
Annotations
Textual amendments
- F1
Sum in s. 85(3)(a) substituted (1.1.2026) by The Procurement Act 2023 (Threshold Amounts) (Amendment) Regulations 2025 (S.I. 2025/1200), regs. 1(1), 2(2)(a) (with reg. 3)
- F2
Sum in s. 85(3)(b) substituted (1.1.2026) by The Procurement Act 2023 (Threshold Amounts) (Amendment) Regulations 2025 (S.I. 2025/1200), regs. 1(1), 2(2)(b) (with reg. 3)
Commencement
- I1
S. 85 not in force at Royal Assent, see s. 127(2)
- I2
S. 85 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))