# Procurement Act 2023, Section 85: Regulated below-threshold contracts: procedure

Extent: E+W+S+N.I.

(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 £135,018, or
(b) otherwise, not less than £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.

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Source: https://www.legislation.gov.uk/ukpga/2023/54/section/85 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.