{
  "url": "https://openlegislation.uk/procurement-act-2023/section-85",
  "json_url": "https://openlegislation.uk/procurement-act-2023/section-85.json",
  "legislation": "ukpga/2023/54",
  "legislation_title": "Procurement Act 2023",
  "legislation_url": "https://openlegislation.uk/procurement-act-2023",
  "path": "section/85",
  "kind": "section",
  "number": "85",
  "heading": "Regulated below-threshold contracts: procedure",
  "text": "(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.\n(2) The reference to a supplier’s suitability to perform the contract includes a reference to a supplier’s—\n(a) legal and financial capacity;\n(b) technical ability.\n(3) Subsection (1) does not apply in relation to a works contract if the contract has an estimated value of—\n(a) in the case of a contract to be awarded by a central government authority, not less than £135,018, or\n(b) otherwise, not less than £207,720.\n(4) A Minister of the Crown may by regulations amend this section for the purpose of amending the financial thresholds.\n(5) This section does not apply in relation to—\n(a) the award of a contract by a devolved Welsh authority, unless it is awarded under a reserved procurement arrangement,\n(b) the award of a contract under a devolved Welsh procurement arrangement, or\n(c) the award of a contract in accordance with a framework.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 85 not in force at Royal Assent, see s. 127(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/54/section/85",
    "retrieved_at": "2026-10-28T16:57:07.988577+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}