Procurement Act 2023

52 Key performance indicators

(1) Before entering into a public contract with an estimated value of more than £5 million, a contracting authority must set at least three key performance indicators in respect of the contract.

(2) Subsection (1) does not apply if the contracting authority considers that the supplier’s performance under the contract could not appropriately be assessed by reference to key performance indicators.

(3) A contracting authority must publish any key performance indicators set under subsection (1).

(4) A “key performance indicator” is a factor or measure against which a supplier’s performance of a contract can be assessed during the life-cycle of the contract.

(5) An appropriate authority may by regulations amend this section for the purpose of changing the financial threshold.

(6) This section does not apply in relation to a public contract that is—

(a) a framework,

(b) a utilities contract awarded by a private utility,

(c) a concession contract, or

(d) a light touch contract.

(7) See section 71 for provision about assessing performance against, and publishing information about, key performance indicators.