Public procurement
18.—(1) Where an authority that is a contracting authority proposes to enter into a relevant agreement on the basis of an offer which is the most economically advantageous it must have due regard to whether the award criteria should include considerations relevant to its performance of the general duty.
(2) Where an authority that is a contracting authority proposes to stipulate conditions relating to the performance of a relevant agreement it must have due regard to whether the conditions should include considerations relevant to its performance of the general duty.
(3) In this regulation—
“contracting authority” (“awdurdod contractio”), “framework agreement” (“cytundeb fframwaith”) and “public contracts” (“contractau cyhoeddus”) have the same meaning as in the Public Sector Directive(1); and
“relevant agreement” (“cytundeb perthnasol”) means the award of a public contract or the conclusion of a framework agreement that is regulated by the Public Sector Directive.
The term “Public Sector Directive” is defined in section 155(3) of the Equality Act 2010 (c. 15).