Part 2General duties and procurement strategies

General duties

8General duties

(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.

(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).

(4)

A relevant economic operator is an economic operator who is a national of, or is established in—

(a)

a member State, or

(b)

Iceland, Liechtenstein or Norway.

(5)

Subsection (1) does not apply in relation to an EU-regulated procurement.