Legalize / United Kingdom / Public General Act

Procurement Act 2023

Type Public General Act

Publication 2023-10-26

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) the existing goods, services or works were supplied under a public contract that was awarded in accordance with a competitive tendering procedure within the period of five years ending with the day on which the transparency notice is published, and

(b) the tender notice or any tender document in respect of that earlier contract set out—

(i) the contracting authority’s intention to carry out a subsequent procurement of similar goods, services or works in reliance on this direct award justification, and

(ii) any other information specified in regulations under section 95.

9

In paragraphs 7 and 8—

“existing goods, services or works” means goods, services or works already supplied, or contracted to be supplied, to the contracting authority;

“existing supplier” means the supplier that has already supplied, or contracted to supply, the existing goods, services or works.

Commodities

10

The public contract concerns goods purchased on a commodity market.

Advantageous terms on insolvency

11

The award of the public contract to a particular supplier will ensure terms particularly advantageous to the contracting authority due to the fact that a supplier, whether or not the one to whom the contract is to be awarded, is undergoing insolvency proceedings.

12

A supplier is “undergoing insolvency proceedings” if it has—

(a) become bankrupt or, in Scotland, the estate of the supplier has been sequestrated,

(b) become subject to insolvency or winding-up proceedings,

(d) entered into an arrangement with its creditors,

(e) become subject to a petition or application for any such procedures or arrangements, or

(f) in any jurisdiction, been subject to a procedure or an application that corresponds to any procedure or application mentioned in paragraphs (a) to (e).

Urgency

13

Where—

(a) the goods, services or works to be supplied under the public contract are strictly necessary for reasons of extreme and unavoidable urgency, and

(b) as a result the public contract cannot be awarded on the basis of a competitive tendering procedure.

14

For the purpose of paragraph 13, urgency is unavoidable if it—

(a) is not attributable to any act or omission of the contracting authority, and

(b) could not have been foreseen by the contracting authority.

User choice contracts

15

The public contract is a contract for the supply of user choice services and the conditions in paragraph 17 are met.

16

In paragraph 15, “user choice services” means services—

(a) that are of a kind specified in regulations under section 9 (light touch contracts),

(b) that are supplied for the benefit of a particular individual, and

(c) in respect of which a contracting authority would, in awarding a contract for their supply, be required under an enactment to have regard to the views of the individual, or a person providing care to the individual (their “carer”), in relation to who should supply the services.

17

The conditions are that—

(a) the individual to whom the services are to be supplied or their carer has expressed a preference as to who should supply the services, or the nature of the services to be supplied is such that only one supplier is capable of providing them, and

(b) the contracting authority considers that it is not in the best interests of the individual to award the contract under section 19.

Defence and security

18

The following conditions are met in relation to the public contract—

(a) the contract is a defence and security contract,

(b) the contract relates to the supply of air or maritime transport services to the armed forces or the security services—

(i) while they are deployed outside the United Kingdom, or

(ii) in order for them to be so deployed, and

(c) the nature of the services is such that no reasonable supplier would be able to guarantee that all of the terms that would be contained in a tender submitted for the supply of those services by such a supplier would remain in effect for the period of 10 days beginning with the day of submission.

19

(1) The following conditions are met in relation to the public contract (the “new contract”)—

(a) there is another contract between the contracting authority and the supplier (the “existing contract”),

(b) either of the conditions in sub-paragraphs (2) and (3) is met in relation to the new contract, and

(c) the new contract would, if awarded directly, be a “qualifying defence contract” under section 14(2) of the Defence Reform Act 2014 (regulations relating to qualifying defence contracts).

(2) The condition in this sub-paragraph is met if, treating the new contract as a modification of the existing contract, the new contract would not be a substantial modification of the existing contract within the meaning given in section 74(3).

(3) The condition in this sub-paragraph is met if, treating the new contract as a modification of the existing contract, the new contract would be a modification of the existing contract of a kind described in—

(a) paragraph 4 of Schedule 8 (unforeseeable circumstances), or

(b) paragraph 8 of that Schedule (additional goods, services or works).

20

The following conditions are met in relation to the public contract—

(a) the contract is a defence authority contract,

(b) the contract is not a defence and security contract only by virtue of section 7(1)(g) (or, in the case of a framework, section 7(1)(g) and (2)), and

(c) it is necessary for the contract to be awarded directly in order to enhance or maintain the operational capability, effectiveness, readiness for action, safety or security of the armed forces.

SCHEDULE 6

PART 1 — Offences

1

A mandatory exclusion ground applies to a supplier if the supplier or a connected person has been convicted of an offence referred to in this Part of this Schedule.

Corporate manslaughter or corporate homicide

2

An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 (corporate manslaughter or corporate homicide).

Tax offences

3

An offence listed in section 41 or 42 of the Counter-Terrorism Act 2008 (terrorism offences, and offences having a terrorist connection, in respect of which the notification requirements under Part 4 of that Act apply), other than an offence under section 54 of that Act.

Theft, fraud, bribery etc

4

An offence at common law in Scotland of theft, fraud, extortion, robbery, theft by housebreaking, housebreaking with intent to steal, uttering, embezzlement, or reset.

5

An offence at common law of conspiracy to defraud.

6

An offence under any of the following sections of the Theft Act 1968—

(a) sections 1 to 13 (theft, robbery, burglary, etc);

(b) sections 17 to 21 (fraud and blackmail);

(d) section 24A (dishonestly retaining a wrongful credit);

(e) section 25 (going equipped for stealing etc).

7

An offence under any of the following sections of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—

(a) sections 1 to 13 (theft, robbery, burglary, etc);

(b) sections 17 to 20 (fraud and blackmail);

(d) section 23A (dishonestly retaining a wrongful credit);

(e) section 24 (going equipped for stealing etc).

8

An offence under section 3 of the Theft Act 1978 (making off without payment).

9

An offence under section 5 of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)) (making off without payment).

10

An offence under Article 172 or 172A of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (taking vehicle without authority etc).

11

An offence under section 58 of the Civic Government (Scotland) Act 1982 (convicted thief in possession).

12

An offence under section 113 of the Representation of the People Act 1983 (bribery of electors).

13

An offence under section 178 of the Road Traffic Act 1988 (taking motor vehicle without authority etc).

14

An offence under section 327, 328 or 329 of the Proceeds of Crime Act 2002 (money laundering offences).

15

An offence under section 2, 3, 4, 6 or 7 of the Fraud Act 2006 (fraud offences).

16

An offence under section 993 of the Companies Act 2006 (fraudulent trading).

17

An offence under section 1, 2 or 6 of the Bribery Act 2010 (bribery offences).

18

An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (offences relating to articles for use in fraud).

Labour market, slavery and human trafficking offences

19

An offence under the Employment Agencies Act 1973 (offences relating to employment agencies) other than an offence under section 9(4)(b) of that Act.

20

An offence under the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (S.I. 1981/839) (N.I. 20)) (offences relating to employment agencies) other than an offence under Article 7B(11) of that Order.

21

An offence under section 31(1) of the National Minimum Wage Act 1998 (refusal or wilful neglect to pay the national minimum wage).

22

An offence under the Gangmasters (Licensing) Act 2004 (offences relating to gangmasters).

23

An offence under section 1, 2, 4 or 30 of the Modern Slavery Act 2015 (slavery and human trafficking offences).

24

An offence under section 1, 4 or 32 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (slavery and human trafficking offences).

25

An offence under section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)), or paragraph 16 of Schedule 3 to that Act (slavery and human trafficking offences).

26

An offence under section 139 of the Employment Rights Act 2025 (failure to comply with labour market enforcement order).

Organised crime

27

An offence under section 28 of the Criminal Justice and Licensing (Scotland) Act 2010 (agreeing to become involved in serious organised crime).

28

An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

Tax offences

29

An offence at common law of cheating the public revenue.

30

(1) An offence under the law of any part of the United Kingdom consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of a tax.

(2) In this paragraph, “tax” means a tax imposed under the law of any part of the United Kingdom, including national insurance contributions under—

(a) Part 1 of the Social Security Contributions and Benefits Act 1992, or

(b) Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

31

An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent facilitation of tax evasion).

Cartel offence

32

An offence under section 188 of the Enterprise Act 2002 (cartel offence).

Ancillary offences

33

In relation to an offence otherwise referred to in this Part, any of the following offences—

(a) aiding, abetting, counselling or procuring the commission of the offence;

(b) in Scotland, being art and part in the commission of the offence;

(d) inciting a person to commit the offence;

(e) attempting or conspiring to commit the offence.

Offences committed outside the United Kingdom

34

(1) An offence under the law of a country or territory outside the United Kingdom which would be an offence otherwise referred to in this Part of this Schedule if the conduct constituting that offence was carried out in any part of the United Kingdom.

(2) For the purposes of this paragraph, an act punishable under the law of a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law.

PART 2 — Other mandatory exclusion grounds

National security

35

(1) A mandatory exclusion ground applies to a supplier in relation to contracts of a particular description if an appropriate authority determines that the supplier or a connected person—

(a) poses a threat to the national security of the United Kingdom, and

(b) would pose such a threat in relation to public contracts of that description.

(2) In sub-paragraph (1)—

(a) the reference to an appropriate authority is a reference to the appropriate authority that is considering whether the exclusion ground applies;

(b) the reference to a particular description includes, for example, a description by reference to—

(i) the goods, services or works being supplied;

(ii) the location of the supply;

(iii) the contracting authority concerned.

(3) Sub-paragraph (1) applies only for the purpose of an appropriate authority’s functions under sections 59 to 66 (debarment), and cannot otherwise be relied on by a contracting authority when considering whether a supplier is an excluded supplier under section 57(1)(a).

Misconduct in relation to tax

36

(1) A mandatory exclusion ground applies to a supplier if the supplier or a connected person has been liable to a penalty under—

(a) section 69C of the Value Added Tax Act 1994 (transactions connected with VAT fraud) except where the penalty is reduced under section 70 of that Act, or

(b) section 25 of the Finance Act 2003 (evasion of tax or duty).

(2) The supplier or connected person is not to be treated as having been liable to such a penalty unless HMRC has assessed the amount of the penalty and the time for any appeal or further appeal relating to the penalty has expired or, if later, any appeal or final appeal relating to it has been finally determined.

37

(1) A mandatory exclusion ground applies to a supplier if a penalty has been payable by the supplier or a connected person under—

(a) Schedule 24 to the Finance Act 2007 (errors in tax documentation), or

(b) Schedule 41 to the Finance Act 2008 (failure to notify and certain VAT and excise wrongdoing),

but only where the conduct giving rise to that penalty was deliberate.

(2) Such a penalty is not to be treated as having been payable unless—

(a) if the penalty has been assessed, the time for any appeal or further appeal relating to the penalty has expired or, if later, any appeal or final appeal relating to it has been finally determined, or

(b) a contract has been made between HMRC and the supplier or connected person, under which HMRC undertook not to assess the penalty or (if it was assessed) not to take proceedings to recover it.

38

(1) A mandatory exclusion ground applies to a supplier if—

(a) the supplier or a connected person has entered into or carried out tax arrangements that are abusive (within the meaning given in section 207 of the Finance Act 2013), and

(b) adjustments have accordingly been made under section 209 of that Act (countering tax advantages), including as it applies under section 10 of the National Insurance Contributions Act 2014.

(2) Adjustments are not to be treated as having been made until they can no longer be challenged, whether on appeal or otherwise.

39

(1) A mandatory exclusion ground applies to a supplier if the supplier or a connected person has been found by HMRC, in exercise of its powers in respect of VAT, to have engaged in an abusive practice.

(2) The supplier or connected person is not to be treated as having been found by HMRC to have engaged in those arrangements or practices until the finding can no longer be challenged, whether on appeal or otherwise.

40

(1) A mandatory exclusion ground applies to a supplier if the supplier or a connected person has incurred a defeat in respect of notifiable tax arrangements they have entered into.

(2) In this paragraph—

“defeat” means that—Condition A in paragraph 5 of Schedule 16 to the Finance (No. 2) Act 2017, orCondition B in paragraph 6 of that Schedule,is met in respect of the arrangements (where “T” in those paragraphs is taken to mean the supplier or connected person entering into the arrangements);

“notifiable tax arrangements” means tax arrangements in respect of which a reference number—has been notified to the supplier or connected person under section 311A, 312 or 312ZA of the Finance Act 2004 (disclosure of tax avoidance schemes) or paragraph 22A, 23 or 23A of Schedule 17 to the Finance (No. 2) Act 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes), andhas not been withdrawn;

“tax arrangements” has the meaning given in paragraph 3(1) of Schedule 16 to the Finance (No. 2) Act 2017.

Competition law infringements

41

(1) A mandatory exclusion ground applies to a supplier if the CMA has made a decision under the Competition Act 1998 that the Chapter I prohibition (within the meaning given by section 2 of that Act) has been infringed by an agreement or concerted practice—

(a) to which the supplier or a connected person was party, and

(b) which was a cartel (within the meaning given by paragraph 4(1) of Schedule 8A to that Act).

(2) Sub-paragraph (1) does not apply if the CMA did not impose a penalty on the supplier or connected person in respect of the infringement because the supplier or connected person was an immunity recipient (within the meaning given by paragraph 14 of Schedule 8A to the Competition Act 1998).

(3) In this paragraph, references to the CMA include references to a regulator referred to in section 54(1) of the Competition Act 1998 in circumstances where it exercises functions concurrently with the CMA in accordance with that Act.

Equivalents outside the United Kingdom

42

A mandatory exclusion ground applies to a supplier if the supplier or a connected person—

(a) has been subject to a penalty or a decision by a regulator, court or other authority outside the United Kingdom, where the conduct giving rise to that penalty or decision is conduct that would give rise to a penalty or decision referred to in any of paragraphs 36 to 41 if committed in the United Kingdom, in circumstances where the penalty or decision would be a mandatory exclusion ground, or

(b) has had a tax advantage counteracted outside the United Kingdom, in circumstances where the supplier or connected person would have incurred a defeat of the kind referred to in paragraph 40 had the tax advantage arisen in respect of tax payable in the United Kingdom.

Failure to cooperate with investigation

43

A mandatory exclusion ground applies to a supplier if—

(a) an appropriate authority has given the supplier or a connected person notice under section 60(6) (requests for documents or other assistance in connection with investigation),

(b) the supplier or connected person has failed to comply with the notice to the satisfaction of the authority before the end of the period specified in the notice, and

(c) a Minister of the Crown has made a determination that the failure to do so was sufficiently serious so as to warrant constituting a mandatory exclusion ground.

PART 3 — General

Excluded matters

44

(1) In determining whether a mandatory exclusion ground applies to a supplier, the decision-maker must ignore any event that occurred before the five-year period ending with the date on which the determination is made.

This is subject to sub-paragraphs (2) to (4).

(2) In determining whether a mandatory exclusion ground listed in any of the following paragraphs applies to a supplier, sub-paragraph (1) applies whether the event occurred before or after the coming into force of this Schedule—

(a) paragraph 3 (terrorism offences);

(b) paragraph 12 or 17 (bribery);

(d) paragraph 23, where the ground in that paragraph applies by virtue of an offence under section 1, 2 or 4 of the Modern Slavery Act 2015 (slavery and trafficking offences);

(e) paragraph 24, where the ground in that paragraph applies by virtue of an offence under section 1 or 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery and trafficking offences);

(f) paragraph 25, where the ground in that paragraph applies by virtue of an offence under section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (slavery and trafficking offences);

(g) paragraph 27 or 28 (organised crime);

(h) paragraph 33 or 34, so far as relating to any offence that constitutes a mandatory exclusion ground listed in any of the paragraphs within paragraph (a) to (g) above (inchoate offences and corresponding offences outside the United Kingdom).

(3) In determining whether a mandatory exclusion ground listed in any of the following paragraphs applies to a supplier, the decision-maker must also ignore any event that occurred before the coming into force of this Schedule—

(a) paragraph 2 (corporate manslaughter or homicide);

(b) paragraph 4, 5, 6(a) or (c) to (e), 7(a) or (c) to (e), 8 to 11 or 13 (theft, robbery, burglary etc);

(c) paragraph 33 or 34, so far as relating to any offence that constitutes a mandatory exclusion ground listed in any of the paragraphs within paragraph (a) and (b) above (inchoate offences and corresponding offences outside the United Kingdom);

(d) paragraph 35 (threat to national security).

(4) In determining whether a mandatory exclusion ground listed in any of the following paragraphs applies to a supplier, the decision-maker must also ignore any event that occurred before the three-year period ending with the coming into force of this Schedule—

(a) paragraph 6(b) or 7(b) (blackmail);

(b) paragraph 15, 16 or 18 (fraud and fraudulent trading);

(d) paragraph 23, where the ground in that paragraph applies by virtue of an offence under section 30 of the Modern Slavery Act 2015 (breach of orders under that Act);

(e) paragraph 24, where the ground in that paragraph applies by virtue of an offence under section 32 of the Human Trafficking and Exploitation (Scotland) Act 2015 (breach of orders under that Act);

(f) paragraph 25, where the ground in that paragraph applies by virtue of an offence under paragraph 16 of Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (breach of orders under that Act);

(g) paragraph 26 (breach of labour market enforcement order);

(h) paragraphs 29 to 31 (tax offences);

(i) paragraph 32 (cartel offence);

(j) paragraph 33 or 34, so far as relating to any offence that constitutes a mandatory exclusion ground listed in any of the paragraphs within paragraphs (a) to (i) above;

(k) paragraphs 36 to 40 (tax misconduct);

(l) paragraph 41 (competition law infringements);

(m) paragraph 42 (equivalents to tax misconduct and competition law infringements outside the United Kingdom).

Definitions

45

In this Schedule—

the “CMA” means the Competition and Markets Authority;

“conduct” includes acts and omissions;

“connected person”, in relation to a supplier, means any of the following—a person with “significant control” over the supplier (within the meaning given by section 790C(2) of the Companies Act 2006 (“CA 2006”));a director or shadow director of the supplier;a parent undertaking or a subsidiary undertaking of the supplier;a predecessor company;any other person who it can reasonably be considered stands in an equivalent position in relation to the supplier as a person within paragraph (a) to (d);any person with the right to exercise, or who actually exercises, significant influence or control over the supplier;any person over which the supplier has the right to exercise, or actually exercises, significant influence or control;

“court” includes a tribunal;

“decision-maker”, in relation to a supplier, means a contracting authority or an appropriate authority that is considering whether a mandatory exclusion ground applies to the supplier;

“director” has the meaning given in section 250 of CA 2006;

“event” means a conviction, decision, ruling, failure or other event by virtue of which a mandatory exclusion ground would apply to a supplier;

“HMRC” means His Majesty’s Revenue and Customs;

“parent undertaking” and “subsidiary undertaking” have the meanings given in section 1162 of CA 2006;

“predecessor company” means a company which—became insolvent and ceased to trade,before it ceased to trade, carried on the same or substantially the same business as the supplier,has transferred all or substantially all of its assets to the supplier, andhad at least one director or shadow director who is or has been a director or shadow director of the supplier;

“shadow director” has the meaning given in section 251 of CA 2006.

SCHEDULE 7

Labour market misconduct

1

A discretionary exclusion ground applies to a supplier if any of the following orders has been made against the supplier or a connected person—

(a) a slavery and trafficking prevention order, an interim slavery and trafficking prevention order, a slavery and trafficking risk order or an interim slavery and trafficking risk order under Part 2 of the Modern Slavery Act 2015;

(b) a trafficking and exploitation prevention order, an interim trafficking and exploitation prevention order, a trafficking and exploitation risk order or an interim trafficking and exploitation risk order under Part 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12);

(c) a slavery and trafficking prevention order or an interim slavery and trafficking prevention order under Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.));

(d) a labour market enforcement order under section 123 of the Employment Rights Act 2025.

2

A discretionary exclusion ground applies to a supplier if the supplier or a connected person has engaged in conduct outside the United Kingdom that the decision-maker considers could result in any such order being made if the conduct occurred in the United Kingdom.

3

A discretionary exclusion ground applies to a supplier if the decision-maker considers that there is sufficient evidence that the supplier or a connected person has engaged in conduct (whether in or outside the United Kingdom) constituting (or that would, if it occurred in the United Kingdom, constitute) an offence referred to in—

(a) section 1, 2, 4 or 30 of the Modern Slavery Act 2015,

(b) section 1, 4 or 32 of the Human Trafficking and Exploitation (Scotland) Act 2015, or

(c) section 1, 2 or 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, or paragraph 16 of Schedule 3 to that Act.

Environmental misconduct

4

A discretionary exclusion ground applies to a supplier if—

(a) the supplier or a connected person has been convicted of an offence (whether in or outside the United Kingdom), and

(b) the conduct constituting the offence caused, or had the potential to cause, significant harm to the environment, including the life and health of plants and animals.

Insolvency, bankruptcy, etc

5

A discretionary exclusion ground applies to a supplier if the supplier or a connected person has—

(a) become bankrupt (or, in Scotland, its estate has been sequestrated),

(b) become subject to insolvency or winding-up proceedings,

(d) entered into an arrangement with its creditors,

(e) become subject to a petition or application for any such procedures or arrangements, or

(f) in any jurisdiction, been subject to a procedure or an application the decision-maker considers to correspond to any procedure or application mentioned in paragraphs (a) to (e).

6

A discretionary exclusion ground applies to a supplier if the supplier or a connected person has suspended or ceased carrying on all or a substantial part of its business.

Potential competition infringements

7

(1) A discretionary exclusion ground applies to a supplier if the decision-maker considers that an agreement or concerted practice to which the supplier or a connected person is party has infringed—

(a) the Chapter I prohibition (within the meaning given by section 2 of the Competition Act 1998), or

(b) any substantially similar prohibition applicable in a jurisdiction outside the United Kingdom.

(2) Sub-paragraph (1) does not apply where—

(a) the supplier or connected person is an immunity recipient (within the meaning given by paragraph 14 of Schedule 8A to that Act), or

(b) a regulator or other authority outside the United Kingdom has granted the supplier or connected person immunity from penalties in respect of the infringement.

8

A discretionary exclusion ground applies to a supplier if the decision-maker considers that the supplier or a connected person has infringed—

(a) the Chapter II prohibition (within the meaning given by section 18 of the Competition Act 1998), or

(b) any substantially similar prohibition applicable in a jurisdiction outside the United Kingdom.

9

(1) A discretionary exclusion ground applies to a supplier if—

(a) the CMA has made a decision under the Competition Act 1998 that the supplier or a connected person has infringed the Chapter II prohibition, or

(b) a regulator or other authority outside the United Kingdom has made a decision that the supplier or a connected person has infringed any substantially similar prohibition.

(2) In this paragraph the reference to the CMA includes a reference to a regulator referred to in section 54(1) of the Competition Act 1998 in circumstances where it exercises functions concurrently with the CMA in accordance with that Act.

10

(1) A discretionary exclusion ground applies to a supplier if the decision-maker considers that the supplier or a connected person has engaged in conduct constituting—

(a) an offence under section 188 of the Enterprise Act 2002 (cartel offence), or

(b) a substantially similar offence under the law of a country or territory outside the United Kingdom.

(2) Sub-paragraph (1) does not apply if—

(a) the CMA has given written notice to the supplier or connected person under section 190(4) of the Enterprise Act 2002 (immunity from prosecution for cartel offences) in connection with the conduct, or

(b) a regulator or other authority outside the United Kingdom has determined that the supplier or connected person is immune from prosecution in respect of the conduct.

Professional misconduct

11

(1) A discretionary exclusion ground applies to a supplier if the decision-maker considers that the supplier or a connected person has engaged in professional misconduct which brings into question the supplier’s integrity.

(2) A discretionary exclusion ground applies to a supplier if a court, regulator or other authority has ruled that the supplier or connected person has engaged in such professional misconduct.

(3) “Professional misconduct” includes conduct involving—

(a) dishonesty;

(b) impropriety;

(c) a serious breach of ethical or professional standards applicable to the supplier (whether those standards are mandatory or not).

Breach of contract and poor performance

12

(1) A discretionary exclusion ground applies to a supplier if—

(a) the supplier has breached a relevant contract, and

(b) the breach was sufficiently serious.

(2) A discretionary exclusion ground applies to a supplier if—

(a) a court has ruled that the supplier breached a relevant contract, and

(b) the breach was sufficiently serious.

(3) A discretionary exclusion ground applies to a supplier if the supplier—

(a) has not performed a relevant contract to the regulated authority’s satisfaction,

(b) was given proper opportunity to improve performance, and

(4) A discretionary exclusion ground applies to a supplier if a contracting authority has published information under section 71(5) in respect of the supplier (information concerning either breach or poor performance).

(5) For the purposes of this paragraph, a breach of a contract is “sufficiently serious” if it results in—

(a) termination (or partial termination) of the contract,

(b) the award of damages,

(6) In this paragraph—

“regulated authority” means—a contracting authority,another public authority, oran authority outside the United Kingdom that the decision-maker considers to be equivalent;

“relevant contract” means a contract to which a regulated authority is party.

Acting improperly in procurement

13

(1) A discretionary exclusion ground applies to a supplier if a decision-maker considers that—

(a) the supplier has acted improperly in relation to any procurement, and

(b) in so doing, the supplier put itself at an unfair advantage in relation to the award of a public contract.

(2) A supplier might act improperly in relation to a procurement by—

(a) failing to provide information requested by the contracting authority;

(b) providing information that is incomplete, inaccurate or misleading;

(d) unduly influencing the contracting authority’s decision-making.

National security

14

A discretionary exclusion ground applies to a supplier if a decision-maker determines that the supplier or a connected person poses a threat to the national security of the United Kingdom.

Excluded matters

15

(1) For the purpose of determining whether a discretionary exclusion ground applies to a supplier, the decision-maker must ignore any event that—

(a) the decision-maker was aware of before the five-year period ending with the date on which the determination is made, or

(b) a reasonably well-informed decision-maker in their position would have been aware of before that period.

This is subject to sub-paragraphs (2) and (4).

(2) In determining whether a discretionary exclusion ground within sub-paragraph (3) applies to a supplier, the decision-maker must also ignore any event that—

(a) the decision-maker was aware of before the three-year period ending with the date on which the determination is made, or

(b) a reasonably well-informed decision-maker in their position would have been aware of before that period.

(3) The grounds are those listed in—

(a) paragraphs 5 and 6 (insolvency, bankruptcy etc);

(b) paragraphs 7 to 10 (potential competition infringements);

(d) paragraph 12(1) or (2) (breach of contract);

(e) paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is published in relation to a breach of contract;

(f) paragraph 13 (acting improperly in a procurement).

(4) In determining whether a discretionary exclusion ground listed in any of the following paragraphs applies to a supplier, the decision-maker must also ignore any event that occurred before the coming into force of this Schedule—

(a) paragraphs 1 to 3 (labour market misconduct);

(b) paragraph 4 (environmental misconduct);

(d) paragraph 12(4) (adverse information about supplier published by contracting authority), where the information is not published in relation to a breach of contract;

(e) paragraph 14 (national security).

Definitions

16

In this Schedule—

“decision-maker”, in relation to a supplier, means a contracting authority or an appropriate authority that is considering whether a discretionary exclusion ground applies to the supplier;

“event” means a conviction, decision, ruling, failure or other event by virtue of which a discretionary exclusion ground would apply to a supplier;

“information” includes evidence verifying that information.

17

Other terms used in this Schedule and defined in Schedule 6 have the meanings given in that Schedule.

SCHEDULE 8

Provided for in the contract

1

A modification is a permitted modification if—

(a) the possibility of the modification is unambiguously provided for in—

(i) the contract as awarded, and

(ii) the tender or transparency notice for the award of that contract, and

(b) the modification would not change the overall nature of the contract.

Urgency and the protection of life, etc

2

A modification is a permitted modification if—

(a) its purpose could otherwise be achieved by the direct award of a contract under section 41, and

(b) such an award could be made by reference to—

(i) paragraph 13 of Schedule 5 (extreme and unavoidable urgency), or

(ii) regulations under section 42 (direct award to protect life, etc).

3

Assume, for the purposes of paragraph 2, that the contract would be a public contract as defined in section 3.

Unforeseeable circumstances

4

(1) A modification is a permitted modification if—

(a) the circumstances giving rise to the modification could not reasonably have been foreseen by the contracting authority before the award of the contract,

(b) the modification would not change the overall nature of the contract, and

(2) Sub-paragraph (1)(c) does not apply if the contract being modified is a utilities contract.

Materialisation of a known risk

5

(1) A modification is a permitted modification if—

(a) the contracting authority considers that—

(i) a known risk has materialised otherwise than as a result of any act or omission of the contracting authority or the supplier,

(ii) because of that fact, the contract cannot be performed to the satisfaction of the contracting authority,

(iii) the modification goes no further than necessary to remedy that fact, and

(iv) awarding a further contract under Part 3 (instead of modifying the contract) would not be in the public interest in the circumstances, and

(b) the modification would not increase the estimated value of the contract by more than 50 per cent ignoring, for the purpose of estimating the value of the contract, the fact that the risk has materialised.

(2) Sub-paragraph (1)(b) does not apply if the contract being modified is a utilities contract.

6

In paragraph 5, a “known risk” means a risk that—

(a) the contracting authority considered—

(i) could jeopardise the satisfactory performance of the contract, but

(ii) because of its nature, could not be addressed in the contract as awarded, and

(b) was identified in the tender or transparency notice for award of the contract, including by reference to—

(i) it meeting the description in paragraph (a), and

(ii) the possibility of modification under paragraph 5.

7

In considering whether awarding a new contract would be in the public interest for the purposes of paragraph 5, a contracting authority—

(a) must consider whether a new contract could provide more value for money, and

(b) may consider technical and operational matters.

Additional goods, services or works

8

(1) A modification is a permitted modification if—

(a) the modification provides for the supply of goods, services or works in addition to the goods, services or works already provided for in the contract,

(b) using a different supplier would result in the supply of goods, services or works that are different from, or incompatible with, those already provided for in the contract,

(i) disproportionate technical difficulties in operation or maintenance or other significant inconvenience, and

(ii) the substantial duplication of costs for the authority, and

(d) the modification would not increase the estimated value of the contract by more than 50 per cent.

(2) Sub-paragraph (1)(d) does not apply if the contract being modified is a utilities contract.

Transfer on corporate restructuring

9

A novation or assignment (or in Scotland, assignation) of a public contract to a supplier that is not an excluded supplier is a permitted modification if it is required following a corporate restructuring or similar circumstance.

Defence authority contracts

10

A modification of a defence authority contract is a permitted modification where it is necessary to enable the contracting authority to—

(a) take advantage of developments in technology, or

(b) prevent or mitigate any adverse effect of those developments.

11

A modification of a defence authority contract is a permitted modification where—

(a) the continuous supply of the goods, services or works supplied under the contract is necessary to ensure the ability of the Armed Forces to maintain their operational capabilities, effectiveness, readiness for action, safety, security, or logistical capabilities, and

(b) the modification is necessary to ensure there is continuous supply of those goods, services or works.

SCHEDULE 9

1

The Agreement on Government Procurement signed at Marrakesh on 15 April 1994, as amended on or before the day on which this Schedule comes into force.

2

Agreement establishing an Association between the United Kingdom of Great Britain and Northern Ireland and the Republic of Chile, signed at Santiago on 30 January 2019.

3

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation, signed at Bern on 11 February 2019.

4

Trade and Partnership Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the State of Israel, signed at Tel Aviv on 18 February 2019.

5

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, signed at Castries, Saint Lucia on 22 March 2019.

6

Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Colombia, the Republic of Ecuador and the Republic of Peru, of the other part, signed at Quito on 15 May 2019.

7

Agreement Establishing an Association between the United Kingdom of Great Britain and Northern Ireland and Central America, signed at Managua on 18 July 2019.

8

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Korea, of the other part, signed at London on 22 August 2019.

9

... ... Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at London on 21 October 2019, as amended by Amending Agreement No. 2 between the United Kingdom of Great Britain and Northern Ireland and Georgia Amending the Strategic Partnership and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and Georgia, signed at Tbilisi on 2 and 14 December 2022.

10

... ... Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 3 December 2019, as amended by Amending Agreement No. 1 between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo to amend the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Kosovo, signed at Pristina on 19 September 2023.

11

... ... Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at London on 8 October 2020, as amended by Agreement No. 2 in the form of an Exchange of Letters between the United Kingdom of Great Britain and Northern Ireland and Ukraine amending the Political, Free Trade and Strategic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine, signed at Kyiv on 18 August 2022.

12

Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership, signed at Tokyo on 23 October 2020.

13

... ... Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 3 December 2020, as amended by the Agreement in the form of an Exchange of letters between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia amending the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of North Macedonia, signed at Skopje on 10 December 2021.

14

Agreement on Trade Continuity between the United Kingdom of Great Britain and Northern Ireland and Canada, signed at Ottawa on 9 December 2020.

15

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore, signed at Singapore on 10 December 2020.

16

Trade Continuity Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Mexican States, signed at Mexico City on 15 December 2020.

17

... ... the Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 24 December 2020, as amended by Amending Agreement No. 2 between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova to amend the Strategic Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Moldova, signed at Chisinau on 25 May 2023.

18

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Socialist Republic of Viet Nam, signed at London on 29 December 2020.

19

Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, signed at Brussels and London on 30 December 2020.

20

... ... Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 5 February 2021, as amended by the Exchange of Letters to amend the Partnership, Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Albania, signed at Tirana on 12 January and 12 June 2023.

21

Partnership, Trade and Cooperation Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Serbia, signed at Belgrade on 16 April 2021.

22

Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, signed at London on 8 July 2021.

23

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia, signed at London on 16 December 2021 and at Adelaide on 17 December 2021.

24

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand signed at London on 28 February 2022.

SCHEDULE 10

1

The Defence Reform Act 2014 is amended as follows.

Definition of qualifying defence contract

2

(1) Section 14 (regulations relating to qualifying defence contracts) is amended as follows.

(2) In subsection (2)(a), after “goods, works or services” insert “wholly or substantially”.

(3) After subsection (5) insert—

(5A) Single source contract regulations may specify circumstances in which a contract entered into by the Secretary of State with a primary contractor is or is not to be treated as amending an existing contract between those parties for the purposes of this section.

(4) After subsection (8) insert—

(8A) The regulations may also specify when a contract is to be treated as substantially for defence purposes.

Pricing of qualifying defence contracts

3

(1) Section 15 (pricing of qualifying defence contracts) is amended as follows.

(2) In subsection (1), after “qualifying defence contract” insert “, and, where the contract is divided into components, each component of that contract,”.

(3) For subsection (2) substitute—

(2) The regulations must provide for the price payable under the contract, or any component, to be determined— (a) in accordance with the formula in subsection (4), or (b) in such circumstances as may be specified in the regulations, in accordance with another method. (2A) The regulations must only specify circumstances for the purposes of subsection (2)(b) if the Secretary of State is satisfied that the factors referred to in section 13(2) may be ensured in those circumstances if another method is used. (2B) The regulations may also make provision requiring a particular method specified in the regulations to be used in certain of the circumstances specified for the purposes of subsection (2)(b).

(4) In subsection (3)(a)—

(a) after “contract” insert “or each amended component of that contract,”;

(b) for “the formula in subsection (4)” substitute “the method applicable by virtue of subsection (2)”.

(5) In subsection (3)(b) for “formula” substitute “method”.

(6) In subsection (4)—

(a) after “for the contract” insert “or component”;

(b) after “under the contract” insert “or component”.

(7) In subsection (5), after “contract” insert “or component”.

(8) After subsection (5) insert—

(6) In this Part, “component”, in relation to a contract, means a part of the contract that is to be treated distinctly from other such parts in determining the price payable under the contract. (7) For the purposes of subsection (6), a part of a contract is to be treated distinctly if— (a) single source contract regulations contain provision to that effect, or (b) the parties to the contract agree that it should. (8) Single source contract regulations may make provision about when parts of a qualifying defence contract are or are not to be treated distinctly from other parts of the same contract.

4

(1) Section 16 (pricing of contracts: supplementary) is amended as follows.

(2) In subsection (1)(b)(i), after “contract” insert “or, where relevant, a component of that contract”.

(3) After subsection (3) insert—

(4) Single source contract regulations may provide that the SSRO— (a) must, on an application by a person within subsection (5), determine whether the method used to determine the price payable under a qualifying defence contract or a component of that contract was appropriate; (b) may, in consequence of a determination under paragraph (a), determine that the price payable under the contract is to be adjusted by an amount specified by the SSRO. (5) The following persons are within this subsection— (a) the Secretary of State, (b) an authorised person, and (c) the primary contractor.

5

After section 21(2) (final price adjustment) insert—

(2A) Provision made under subsection (2) may include provision dealing with how, in the case of a qualifying defence contract divided into components, the components are to be taken into account in determining the amount of any adjustments to the total price payable under such a contract.

6

In section 22(1)(a) (recovery of unpaid amounts), after “section” insert “16(4),”.

7

(1) Section 42 (single source contract regulations: general) is amended as follows.

(2) In subsection (4)(b), omit the second “or”.

(3) After subsection (4)(b) insert—

(ba) provision made by virtue of section 15(2)(b) (pricing of contracts), whether alone or with other provision, or

8

In section 43 (interpretation etc), at the appropriate place insert—

“component” has the meaning given by section 15(6).

Contract profit rate

9

(1) Section 17 (contract profit rate) is amended as follows.

(2) In subsection (1) at the end insert “, or, where the contract is divided into components, any component of that contract”.

(3) In subsection (2)—

(a) in step 2, for the words from “the risk” to “estimated allowable costs” substitute “the financial risks to the primary contractor of entering into the contract or component, taking into account the particular type of activities to be carried out by the primary contractor under that contract or component.”;

(b) omit steps 3 and 4 (and, accordingly, renumber steps 5 and 6 as steps 3 and 4);

(d) in new step 3, after “contract” insert “or component”;

(e) in new step 3, before “Any increase” insert “In specifying provisions of the contract or component, the Secretary of State must comply with any requirements imposed by the regulations, and”;

(f) in new step 4, for “5” substitute “3”;

(g) in new step 4, after “contract”, in both places it occurs, insert “or component”.

(4) In subsection (3) for “6”, in both places it occurs, substitute “4”.

(5) In subsection (4)(b), for “6” substitute “4”.

10

(1) Section 18 (contract profit rate: supplementary) is amended as follows.

(2) In subsection (2)(a)—

(a) for “6” substitute “4”;

(b) after “paragraph” insert “, or a component of such a contract”.

(3) In subsection (2)(b), after “contract” insert “or component”.

(4) In subsection (2)(c), after “those contracts” insert “or components of those contracts”.

(5) For subsection (3)(a) substitute—

(a) may, on an application by a person within subsection (4), determine whether— (i) the baseline profit rate identified under step 1 in section 17(2) is correct in relation to a qualifying defence contract or a component of such a contract; (ii) an adjustment agreed under any of steps 2 to 4 in section 17(2) is appropriate; (iii) an adjustment agreed under step 3 in section 17(2) is in accordance with the regulations.

11

(1) Section 19 (rates etc relevant to determining contract profit rate) is amended as follows.

(2) In subsection (1) omit “the SSRO funding adjustment”.

(3) In subsection (2)—

(a) omit “and the SSRO funding adjustment”;

(b) omit “or funding adjustment”.

(4) In subsection (4) omit “, and the SSRO funding adjustment for that year,”.

(5) In subsection (5)—

(a) omit “or the SSRO funding adjustment”;

(b) omit “or funding adjustment” in both places it occurs.

(6) In subsection (6) omit “or the funding adjustment”.

Allowable costs

12

(1) Section 20 (allowable costs) is amended as follows.

(2) In subsection (2)—

(a) after “qualifying defence contract” insert “, or, where the contract is divided into components, a component of that contract”;

(b) in paragraph (b), after “contract” insert “or component”.

(3) After subsection (2) insert—

(2A) Single source contract regulations may provide that the requirements set out in subsection (2)(a) to (c) are not met in relation to a cost where the cost arises from profits made by a person connected with the primary contractor. (2B) The regulations may specify the circumstances in which a person is connected with the primary contractor.

(4) In subsection (4) after “contract” insert “, or where the contract is divided into components, a component of that contract.”.

(5) For subsection (5) substitute—

(5) Where a person within subsection (5A) applies to the SSRO for such a determination, the SSRO must determine— (a) the extent to which a cost is or would be an allowable cost under a qualifying defence contract or a component of such a contract, or (b) the extent to which a method which is used or may be used to determine a cost under a qualifying defence contract or a component of such a contract would result in that cost being an allowable cost under such a contract or component. (5A) The following persons are within this subsection— (a) the Secretary of State; (b) an authorised person; (c) a primary contractor under a qualifying defence contract; (d) a potential primary contractor.

(6) In subsection (6), for “the contract”, in the first place it occurs, substitute “a qualifying defence contract”.

Reports

13

(1) Section 25 (reports on overheads and forward planning etc) is amended as follows.

(2) For subsection (3)(a) substitute—

(a) where P is associated with one or more other persons— (i) the ultimate parent undertaking in relation to P and those other persons, or (ii) where permitted under the regulations in relation to a report mentioned in subsection (2), another person associated with P which that undertaking and the Secretary of State have agreed is to be a designated person in relation to that report, and

(3) After subsection (8) insert—

(8A) In this section, “financial year” means a year beginning with 1 April or a year beginning with such other date as may be agreed between the Secretary of State and a designated person.

14

In section 43 (interpretation etc), in the definition of “financial year”, at the end insert “(but see section 25(8A) for the different meaning of “financial year” in that section)”.

Qualifying sub-contracts

15

(1) Section 29 (determining whether a contract is a qualifying sub-contract) is amended as follows.

(2) After subsection (2)(b) insert—

(c) where the assessment is that the proposed contract would not be a qualifying sub-contract if it were entered into, to give notice in writing of that fact, and of reasons for the assessment, to the Secretary of State, an authorised person and the prospective sub-contractor.

(3) After subsection (4)(b) insert—

(c) where the assessment is that the proposed sub-contract would not be a qualifying sub-contract if it were entered into, to give notice in writing of that fact, and of reasons for the assessment, to the Secretary of State, an authorised person and the prospective sub-contractor.

(4) In subsection (5), in each of paragraphs (a) and (b), after “would”, insert “or would not”.

16

In section 30(4)(a) (application of single source contracts regime to qualifying sub-contracts)—

(a) after “for the” insert “primary contractor or”;

(b) for “the sub-contractor’s opinion” substitute “their opinion”.

17

In section 31(3) (compliance notices)—

(a) in paragraph (e), omit “, or”;

(b) in paragraph (f), at the end insert

, or (g) in circumstances where P is required to give the notice mentioned in section 29(2)(c) or (4)(c) in respect of a proposed contract, P fails to give such a notice.

Powers of the Single Source Regulations Office (“SSRO”)

18

(1) Section 35 (opinions and determinations by the SSRO) is amended as follows.

(2) In subsection (1)(a), omit “qualifying defence” in both places it occurs.

(3) For subsection (2)(c) substitute—

(c) a person who has entered into a contract with the Secretary of State (a “contractor”);

(4) In subsection (2)(d)—

(a) for “the”, in the first place it occurs, substitute “a”;

(b) omit “(in the case of a proposed contract)”.

(5) For subsection (3) substitute—

(3) The SSRO may, on a reference made to it by a person mentioned in subsection (2), give an opinion on any other matter relating to the application or interpretation of this Part or single source contract regulations.

(6) In subsection (4)(a), omit “qualifying defence”.

(7) In subsection (5), omit “primary” in both places it occurs.

19

After section 35 insert—

(35A) The SSRO may issue such guidance as it considers appropriate in relation to the application or interpretation of this Part or single source contract regulations.

20

In paragraph 10(3) of Schedule 4 (procedure of the SSRO), after “16(2)(b)” insert “or (4)”.

SCHEDULE 11

Primary legislation

1

In Schedule 7B to the Government of Wales Act 2006 (general restrictions on devolved competence)—

(a) paragraph 9(9)(d) (as inserted by the Trade (Australia and New Zealand) Act 2023), and

(b) paragraph 11(6)(b)(x) (as inserted by the Levelling-up and Regeneration Act 2023).

2

Sections 39 and 40 of the Small Business, Enterprise and Employment Act 2015.

3

The Trade (Australia and New Zealand) Act 2023.

Subordinate legislation

4

The Defence and Security Public Contracts Regulations 2011 (S.I. 2011/1848).

5

The Public Contracts Regulations 2015 (S.I. 2015/102).

6

The Concession Contracts Regulations 2016 (S.I. 2016/273).

7

The Utilities Contracts Regulations 2016 (S.I. 2016/274).

Procurement and covered procurement

Contracting authorities

Public contracts

Valuation of contracts

Mixed procurement: above and below threshold

Utilities contracts

Defence and security contracts

Concession contracts

Light touch contracts

Mixed procurement: special regime contracts

Covered procurement only in accordance with this Act

Covered procurement: objectives

The national procurement policy statement

The Wales procurement policy statement

Planned procurement notices

Preliminary market engagement

Preliminary market engagement notices

Duty to consider lots

Award of public contracts following a competitive tendering procedure

Competitive tendering procedures

Tender notices and associated tender documents

Conditions of participation

Award criteria

Refining award criteria

Sub-contracting specifications

Excluding suppliers from a competitive award

Excluding suppliers from a competitive flexible procedure

Excluding suppliers by reference to sub-contractors

Excluding a supplier that is a threat to national security

Reserving contracts to public service mutuals

Modifying a section 19 procurement

Reserving contracts to supported employment providers

Reserving contracts to public service mutuals

Competitive award by reference to dynamic markets

Dynamic markets: establishment

Dynamic markets: membership

Dynamic markets: removing members from the market

Dynamic markets: fees

Dynamic market notices

Qualifying utilities dynamic market notices: no duty to publish a tender notice

Direct award in special cases

Direct award to protect life, etc

Switching to direct award

Transparency notices

Frameworks

Frameworks: competitive selection process

Frameworks: maximum term

Frameworks: implied terms

Open frameworks

Contract award notices and assessment summaries

Standstill periods on the award of contracts

Key performance indicators

Contract details notices and publication of contracts

Time limits

Procurement termination notices

Technical specifications

Meaning of excluded and excludable supplier

Considering whether a supplier is excluded or excludable

Notification of exclusion of supplier

Investigations of supplier: exclusion grounds

Investigations under section 60: reports

Debarment list

Debarment decisions: interim relief

Debarment list: application for removal

Debarment decisions: appeals

Debarment proceedings and closed material procedure

Implied payment terms in public contracts

Payments compliance notices

Information about payments under public contracts

Assessment of contract performance

Sub-contracting: directions

Implied payment terms in sub-contracts

Modifying a public contract

Contract change notices

Voluntary standstill period on the modification of contracts

Publication of modifications

Implied right to terminate public contracts

Terminating public contracts: national security

Contract termination notices

Conflicts of interest: duty to identify

Conflicts of interest: duty to mitigate

Treaty state suppliers: non-discrimination

Regulated below-threshold contracts

Regulated below-threshold contracts: procedure

Regulated below-threshold contracts: duty to consider small and medium-sized enterprises

Regulated below-threshold contracts: notices

Regulated below-threshold contracts: implied payment terms

Treaty state suppliers

Treaty state suppliers: non-discrimination

Treaty state suppliers: non-discrimination in Scotland

Trade disputes

Pipeline notices

General exemptions from duties to publish or disclose information

Notices, documents and information: regulations and online system

Electronic communications

Information relating to a procurement

Record-keeping

Data protection

Duties under this Act enforceable in civil proceedings

Automatic suspension of the entry into or modification of contracts

Single source defence contracts

Pre-contractual remedies

Post-contractual remedies

Post-contractual remedies: set aside conditions

Time limits on claims

Part 9 proceedings and closed material procedure

Procurement investigations

Guidance following procurement investigations

Welsh Ministers: restrictions on the exercise of powers

Northern Ireland department: restrictions on the exercise of powers

Minister of the Crown: restrictions on the exercise of powers

Definitions relating to procurement arrangements

Powers relating to procurement arrangements

Disapplication of duty in section 17 of the Local Government Act 1988

Single source defence contracts

Concurrent powers and the Government of Wales Act 2006

Repeals etc

Power to disapply this Act in relation to procurement by NHS in England

Defence and security contracts

Regulations

Interpretation

Index of defined expressions

Power to make consequential, etc, provision

Extent

Commencement

Short title

General

Vertical arrangements

Horizontal arrangements

Organised crime

General

Land and buildings etc

Broadcasting

Electronic communications services

Alternative dispute resolution

Legal services

Financial services

Employment

Emergency services

Public passenger transport services

Research and development services

International agreements and organisations

National security

Intelligence activities

Defence and security contracts

Utilities contracts

Concession contracts

Commercial contracts of the City of London

General rule

Frameworks

Additional or repeat goods, services or works

Anti-avoidance

Cases where estimate not possible

Gas and heat

Electricity

Water

Transport

Ports and airports

Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

Interpretation of Schedule

Prototypes and development

Single suppliers

Additional or repeat goods, services or works

Commodities

Advantageous terms on insolvency

Urgency

User choice contracts

Defence and security

Corporate manslaughter or corporate homicide

Terrorism

Theft, fraud, bribery etc

Labour market, slavery and human trafficking offences

Organised crime

Professional misconduct

Ancillary offences

Offences committed outside the United Kingdom

National security

Misconduct in relation to tax

Competition law infringements

Equivalents outside the United Kingdom

Failure to cooperate with investigation

Acting improperly in procurement

Definitions

Labour market misconduct

Environmental misconduct

Insolvency, bankruptcy, etc

Potential competition infringements

Professional misconduct

Breach of contract and poor performance

Acting improperly in procurement

National security

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