OpenLegislation

Section 85 Regulated below-threshold contracts: procedureI1I2

United Kingdom

(1)

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.

(2)

The reference to a supplier’s suitability to perform the contract includes a reference to a supplier’s—

(a)

legal and financial capacity;

(b)

technical ability.

(3)

Subsection (1) does not apply in relation to a works contract if the contract has an estimated value of—

(a)

in the case of a contract to be awarded by a central government authority, not less than F1£135,018, or

(b)

otherwise, not less than F2£207,720.

(4)

A Minister of the Crown may by regulations amend this section for the purpose of amending the financial thresholds.

(5)

This section does not apply in relation to—

(a)

the award of a contract by a devolved Welsh authority, unless it is awarded under a reserved procurement arrangement,

(b)

the award of a contract under a devolved Welsh procurement arrangement, or

(c)

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))