Procurement Act 2023

PART 2 Principles and objectives

11 Covered procurement only in accordance with this Act

(1) A contracting authority may not carry out a covered procurement except in accordance with this Act.

(2) Accordingly, a contracting authority may not enter into a public contract unless it is awarded in accordance with—

(a) section 19 (competitive award);

(b) section 41 (direct award in special cases);

(c) section 43 (direct award after switching procedures);

(d) section 45 (award under frameworks).

12 Covered procurement: objectives

(1) In carrying out a covered procurement, a contracting authority must have regard to the importance of—

(a) delivering value for money;

(b) maximising public benefit;

(c) sharing information for the purpose of allowing suppliers and others to understand the authority’s procurement policies and decisions;

(d) acting, and being seen to act, with integrity.

(2) In carrying out a covered procurement, a contracting authority must treat suppliers the same unless a difference between the suppliers justifies different treatment.

(3) If a contracting authority considers that different treatment is justified in a particular case, the authority must take all reasonable steps to ensure it does not put a supplier at an unfair advantage or disadvantage.

(4) In carrying out a covered procurement, a contracting authority must—

(a) have regard to the fact that small and medium-sized enterprises may face particular barriers to participation, and

(b) consider whether such barriers can be removed or reduced.

13 The national procurement policy statement

(1) A Minister of the Crown may publish a statement setting out the Government’s strategic priorities in relation to procurement.

(2) In this section, “the national procurement policy statement” means the statement for the time being published under this section.

(3) Before publishing the national procurement policy statement, a Minister of the Crown must—

(a) carry out such consultation as the Minister considers appropriate,

(b) make any changes to the statement that appear to the Minister to be necessary in view of responses to the consultation, and

(c) lay the statement before Parliament.

(4) A Minister of the Crown must withdraw the national procurement policy statement if, before the end of the 40-day period, either House of Parliament resolves not to approve it.

(5) “The 40-day period” is the period of 40 days beginning with the day on which the statement is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid).

(6) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(7) A Minister of the Crown must keep the national procurement policy statement under review.

(8) The national procurement policy statement may be amended or replaced by a subsequent statement, and this section applies in relation to any amended or replacement statement as it applies in relation to the original statement.

(9) A contracting authority must have regard to the national procurement policy statement.

(10) Subsection (9) does not apply—

(a) to private utilities;

(b) in relation to the award of a contract—

(i) in accordance with a framework, or

(ii) by reference to suppliers’ membership of a dynamic market;

(c) in relation to procurement under a devolved Welsh procurement arrangement or transferred Northern Ireland procurement arrangement;

(d) to a devolved Welsh authority or transferred Northern Ireland authority, except in relation to procurement under a reserved procurement arrangement (but not an arrangement of a kind mentioned in paragraph (b)).

14 The Wales procurement policy statement

(1) The Welsh Ministers may publish a statement setting out the Welsh Government’s strategic priorities in relation to procurement.

(2) In this section, “the Wales procurement policy statement” means the statement for the time being published under this section.

(3) Before publishing the Wales procurement policy statement, the Welsh Ministers must—

(a) carry out such consultation as the Welsh Ministers consider appropriate,

(b) make any changes to the statement that appear to the Welsh Ministers to be necessary in view of responses to the consultation, and

(c) lay the statement before the Senedd.

(4) The Welsh Ministers must withdraw the Wales procurement policy statement if, before the end of the period of 40 days beginning with the day on which the statement is laid before the Senedd, the Senedd resolves that the statement be annulled.

(5) When calculating the period of 40 days for the purposes of subsection (4), ignore any period during which the Senedd is dissolved or in recess for more than four days.

(6) The Welsh Ministers must keep the Wales procurement policy statement under review.

(7) The Wales procurement policy statement may be amended or replaced by a subsequent statement, and this section applies in relation to any amended or replacement statement as it applies in relation to the original statement.

(8) The following contracting authorities must have regard to the Wales procurement policy statement—

(a) a devolved Welsh authority, except in relation to procurement under a reserved procurement arrangement or transferred Northern Ireland procurement arrangement;

(b) a contracting authority other than a devolved Welsh authority in relation to procurement under a devolved Welsh procurement arrangement.

(9) But subsection (8) does not apply—

(a) to private utilities;

(b) in relation to the award of a contract—

(i) in accordance with a framework, or

(ii) by reference to suppliers’ membership of a dynamic market.

(10) In this section “the Senedd” means Senedd Cymru.