Procurement Act 2023

5 Mixed procurement: above and below threshold

(1) Subsection (3) applies if, on award of a below-threshold contract other than a framework, a contracting authority considers that—

(a) certain of the goods, services or works to be supplied under the contract could reasonably be supplied under a separate contract, and

(b) that contract would have an estimated value of not less than the threshold amount for a contract of its type.

(2) Subsection (3) applies if, on award of a below-threshold contract that is a framework, a contracting authority considers that—

(a) certain of the goods, services or works to be supplied under contracts awarded in accordance with the framework could reasonably be supplied under a contract not awarded in accordance with the framework, and

(b) that contract would have an estimated value of not less than the threshold amount for a contract of its type.

(3) The contract is to be treated as having an estimated value of not less than the threshold amount for the type of contract.

(4) In considering whether goods, services or works could reasonably be supplied under a separate contract, a contracting authority may, for example, have regard to the practical and financial consequences of awarding more than one contract.

(5) In this Act “below-threshold contract” means—

(a) a contract for the supply, for pecuniary interest, of goods, services or works to a contracting authority,

(b) a framework, or

(c) a concession contract,

that has an estimated value of less than the threshold amount for the type of contract.

(6) This section does not apply to a contract awarded in accordance with a framework.