Procurement Act 2023
Procurement Act 2023 (2023 c. 54)
- Procurement Act 2023 (2023 c. 54)
- PART 1 Key definitions
- 1 Procurement and covered procurement
- 2 Contracting authorities
- 3 Public contracts
- 4 Valuation of contracts
- 5 Mixed procurement: above and below threshold
- 6 Utilities contracts
- 7 Defence and security contracts
- 8 Concession contracts
- 9 Light touch contracts
- 10 Mixed procurement: special regime contracts
- PART 2 Principles and objectives
- 11 Covered procurement only in accordance with this Act
- 12 Covered procurement: objectives
- 13 The national procurement policy statement
- 14 The Wales procurement policy statement
- PART 3 Award of public contracts and procedures
- CHAPTER 1 Preliminary steps
- 15 Planned procurement notices
- 16 Preliminary market engagement
- 17 Preliminary market engagement notices
- 18 Duty to consider lots
- CHAPTER 2 Competitive award
- Terms of a procurement
- 19 Award of public contracts following a competitive tendering procedure
- 20 Competitive tendering procedures
- 21 Tender notices and associated tender documents
- 22 Conditions of participation
- 23 Award criteria
- 24 Refining award criteria
- 25 Sub-contracting specifications
- Exclusions and modifications
- 26 Excluding suppliers from a competitive award
- 27 Excluding suppliers from a competitive flexible procedure
- 28 Excluding suppliers by reference to sub-contractors
- 29 Excluding a supplier that is a threat to national security
- 30 Excluding suppliers for improper behaviour
- 31 Modifying a section 19 procurement
- Reserving contracts to certain suppliers
- 32 Reserving contracts to supported employment providers
- 33 Reserving contracts to public service mutuals
- Awarding contracts by reference to dynamic markets
- 34 Competitive award by reference to dynamic markets
- 35 Dynamic markets: establishment
- 36 Dynamic markets: membership
- 37 Dynamic markets: removing members from the market
- 38 Dynamic markets: fees
- 39 Dynamic market notices
- 40 Qualifying utilities dynamic market notices: no duty to publish a tender notice
- CHAPTER 3 Direct award
- 41 Direct award in special cases
- 42 Direct award to protect life, etc
- 43 Switching to direct award
- 44 Transparency notices
- CHAPTER 4 Award under frameworks
- 45 Frameworks
- 46 Frameworks: competitive selection process
- 47 Frameworks: maximum term
- 48 Frameworks: implied terms
- 49 Open frameworks
- CHAPTER 5 After award, standstill periods and notices
- 50 Contract award notices and assessment summaries
- 51 Standstill periods on the award of contracts
- 52 Key performance indicators
- 53 Contract details notices and publication of contracts
- CHAPTER 6 General provision about award and procedures
- Time limits and termination
- 54 Time limits
- 55 Procurement termination notices
- Technical specifications
- 56 Technical specifications
- Excluding suppliers
- 57 Meaning of excluded and excludable supplier
- 58 Considering whether a supplier is excluded or excludable
- Debarment
- 59 Notification of exclusion of supplier
- 60 Investigations of supplier: exclusion grounds
- 61 Investigations under section 60: reports
- 62 Debarment list
- 63 Debarment decisions: interim relief
- 64 Debarment list: application for removal
- 65 Debarment decisions: appeals
- 66 Debarment proceedings and closed material procedure
- PART 4 Management of public contracts
- Terms implied into public contracts
- 67 Electronic invoicing: implied term
- 68 Implied payment terms in public contracts
- Notices about payments and performance
- 69 Payments compliance notices
- 70 Information about payments under public contracts
- 71 Assessment of contract performance
- Sub-contracting
- 72 Sub-contracting: directions
- 73 Implied payment terms in sub-contracts
- Modifying public contracts
- 74 Modifying a public contract
- 75 Contract change notices
- 76 Voluntary standstill period on the modification of contracts
- 77 Publication of modifications
- Terminating public contracts
- 78 Implied right to terminate public contracts
- 79 Terminating public contracts: national security
- 80 Contract termination notices
- PART 5 Conflicts of interest
- 81 Conflicts of interest: duty to identify
- 82 Conflicts of interest: duty to mitigate
- 83 Conflicts assessments
- Part 5A Outsourcing: protection of workers
- 83A Application of this Part
- 83B Relevant outsourcing contracts
- 83C Power to specify provision for inclusion in relevant outsourcing contracts
- 83D Code of practice on relevant outsourcing contracts
- 83E Interpretation of this Part
- 83F Power of Scottish Ministers to amend this Part
- PART 6 Below-threshold contracts
- 84 Regulated below-threshold contracts
- 85 Regulated below-threshold contracts: procedure
- 86 Regulated below-threshold contracts: duty to consider small and medium-sized enterprises
- 87 Regulated below-threshold contracts: notices
- 88 Regulated below-threshold contracts: implied payment terms
- PART 7 Implementation of international obligations
- 89 Treaty state suppliers
- 90 Treaty state suppliers: non-discrimination
- 91 Treaty state suppliers: non-discrimination in Scotland
- 92 Trade disputes
- PART 8 Information and notices: general provision
- 93 Pipeline notices
- 94 General exemptions from duties to publish or disclose information
- 95 Notices, documents and information: regulations and online system
- 96 Electronic communications
- 97 Information relating to a procurement
- 98 Record-keeping
- 99 Data protection
- PART 9 Remedies for breach of statutory duty
- 100 Duties under this Act enforceable in civil proceedings
- 101 Automatic suspension of the entry into or modification of contracts
- 102 Interim remedies
- 103 Pre-contractual remedies
- 104 Post-contractual remedies
- 105 Post-contractual remedies: set aside conditions
- 106 Time limits on claims
- 107 Part 9 proceedings and closed material procedure
- PART 10 Procurement oversight
- 108 Procurement investigations
- 109 Recommendations following procurement investigations
- 110 Guidance following procurement investigations
- PART 11 Appropriate authorities and cross-border procurement
- 111 Welsh Ministers: restrictions on the exercise of powers
- 112 Northern Ireland department: restrictions on the exercise of powers
- 113 Minister of the Crown: restrictions on the exercise of powers
- 114 Definitions relating to procurement arrangements
- 115 Powers relating to procurement arrangements
- 115A Application of this Act where a devolved Scottish authority carries out procurement under a reserved procurement arrangement etc.
- PART 12 Amendments and repeals
- 116 Disapplication of duty in section 17 of the Local Government Act 1988
- 117 Single source defence contracts
- 118 Concurrent powers and the Government of Wales Act 2006
- 119 Repeals etc
- PART 13 General
- 120 Power to disapply this Act in relation to procurement by NHS in England
- 120A Power to disapply this Act in relation to procurement by NHS in Wales
- 121 Power to amend this Act in relation to private utilities
- 122 Regulations
- 123 Interpretation
- 124 Index of defined expressions
- 125 Power to make consequential, etc, provision
- 126 Extent
- 127 Commencement
- 128 Short title
- SCHEDULES
- SCHEDULE 1 Threshold amounts
- SCHEDULE 2 Exempted contracts
- PART 1 Counterparty exempted contracts
- General
- Vertical arrangements
- Horizontal arrangements
- Defence and security contracts
- Utilities contracts
- PART 2 Subject-matter exempted contracts
- General
- Land and buildings etc
- Broadcasting
- Electronic communications services
- Alternative dispute resolution
- Legal services
- Financial services
- Employment
- Emergency services
- Public passenger transport services
- Research and development services
- International agreements and organisations
- National security
- Intelligence activities
- Defence and security contracts
- Utilities contracts
- Concession contracts
- Commercial contracts of the City of London
- SCHEDULE 3 Estimating the value of a contract
- General rule
- Frameworks
- Concession contracts
- Anti-avoidance
- Cases where estimate not possible
- SCHEDULE 4 Utility activities
- PART 1 Activities that are utility activities
- Gas and heat
- Electricity
- Water
- Transport
- Ports and airports
- Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
- Interpretation of Schedule
- PART 2 Activities that are not utility activities
- SCHEDULE 5 Direct award justifications
- Prototypes and development
- Single suppliers
- Additional or repeat goods, services or works
- Commodities
- Advantageous terms on insolvency
- Urgency
- User choice contracts
- Defence and security
- SCHEDULE 6 Mandatory exclusion grounds
- PART 1 Offences
- Corporate manslaughter or corporate homicide
- Terrorism
- Theft, fraud, bribery etc
- Labour market, slavery and human trafficking offences
- Organised crime
- Tax offences
- Cartel offence
- Ancillary offences
- Offences committed outside the United Kingdom
- PART 2 Other mandatory exclusion grounds
- National security
- Misconduct in relation to tax
- Competition law infringements
- Equivalents outside the United Kingdom
- Failure to cooperate with investigation
- PART 3 General
- Excluded matters
- Definitions
- SCHEDULE 7 Discretionary exclusion grounds
- Labour market misconduct
- Environmental misconduct
- Insolvency, bankruptcy, etc
- Potential competition infringements
- Professional misconduct
- Breach of contract and poor performance
- Acting improperly in procurement
- National security
- Excluded matters
- Definitions
- SCHEDULE 8 Permitted contract modifications
- Provided for in the contract
- Urgency and the protection of life, etc
- Unforeseeable circumstances
- Materialisation of a known risk
- Additional goods, services or works
- Transfer on corporate restructuring
- Defence authority contracts
- SCHEDULE 9 Treaty state suppliers (specified international agreements)
- ...
- ...
- ...
- ... ...
- Schedule 9A Procurement by devolved Scottish authorities
- SCHEDULE 10 Single source defence contracts
- Definition of qualifying defence contract
- Pricing of qualifying defence contracts
- Contract profit rate
- Allowable costs
- Reports
- Qualifying sub-contracts
- Powers of the Single Source Regulations Office (“SSRO”)
- SCHEDULE 11 Repeals and revocations
- Primary legislation
- Subordinate legislation
Feedback