Social Partnership and Public Procurement (Wales) Act 2023

CHAPTER 1 INTRODUCTION

Key concepts

21 Public contracts

(1) In this Part, a “public contract” means a contract between one or more economic operators and one or more contracting authorities; and having as its object the execution of works, the supply of products or the provision of services.

(2) For the purposes of this Part, a framework agreement is treated as a public contract (and references to “public contract” are to be construed accordingly).

22 Contracting authorities

(1) In this Part, a “contracting authority” means a body, office-holder or other person listed in Schedule 1.

(2) But the Welsh Ministers are not a contracting authority for the purposes of sections 29, 30, 35, 36 and 41.

(3) In this Part, a contracting authority’s area is the area by reference to which the authority primarily exercises its functions, disregarding any areas outside Wales.

(4) The Welsh Ministers may by regulations amend this section, and Schedule 1, so as to modify the meaning of a contracting authority.

23 Public procurement

For the purposes of this Part, references to “public procurement” are to a contracting authority—

(a) designing and carrying out any procedure preceding the award of a public contract including, in particular, seeking bids and selecting economic operators;

(b) drafting, negotiating and awarding a public contract;

(c) managing a public contract after it has been awarded;

and references to “procurement” are to be construed accordingly.