The Public Service Obligations in Transport Regulations 2023

Objectives

4.—(1) When exercising functions under these Regulations, a competent authority in England or Wales must—

(a) have regard to the importance of—

(i) delivering value for money,

(ii) maximising public benefit,

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

(iv) acting, and being seen to act, with integrity;

(b) treat suppliers the same unless a difference between the suppliers justifies different treatment, and

(c) if it considers that different treatment is justified in a particular case, take all reasonable steps to ensure it does not put a supplier at an unfair advantage or disadvantage.

(2) In carrying out a procurement under these Regulations, a competent authority must—

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

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

(3) In carrying out a competitive tendering procedure under these Regulations, a competent authority in Scotland must—

(a) act in a transparent and proportionate manner,

(b) treat suppliers equally and without discrimination unless a difference between the suppliers justifies different treatment, and

(c) where it considers that different treatment is justified in a particular case, take all reasonable steps to ensure it does not put a supplier at an unfair advantage or disadvantage.

(4) A competent authority in Scotland must not design a procurement with the intention of excluding it from the application of these Regulations or of artificially narrowing competition.

(5) Competition is deemed to be artificially narrowed for the purposes of paragraph (4) where the design of the procurement is made with the intention of unduly favouring or disadvantaging any particular supplier.