Section 8 General duties

I1(1)

A contracting authority must, in carrying out a regulated procurement—

(a)

treat relevant economic operators equally and without discrimination,

(b)

act in a transparent and proportionate manner.

I2(2)

A contracting authority must also comply with the sustainable procurement duty.

(3)

However, a contracting authority must not do anything in pursuance of subsection (2) that would conflict with its duty under subsection (1).

F1(4)

A relevant economic operator is an economic operator who is a national of, or is established in, the United Kingdom or Gibraltar.

(5)

Subsection (1) does not apply in relation to F2a higher value regulated procurement.

Annotations

F1: S. 8(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(2) (with sch. paras. 1-5)
F2: Words in s. 8(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)

I1: S. 8(1)(4)(5) in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)
I2: S. 8(2)(3) in force at 1.6.2016 by S.S.I. 2016/30, art. 4 (with art. 5)