Section 85

If a contracting authority invites the submission of tenders in relation to the award of a regulated below-threshold contract, the authority may not restrict the submission of tenders by reference to an assessment of a supplier’s suitability to perform the contract. The reference to a supplier’s suitability to perform the contract includes a reference to a supplier’s— legal and financial capacity; technical ability. Subsection (1) does not apply in relation to a works contract if the contract has an estimated value of— in the case of a contract to be awarded by a central government authority, not less than £135,018, or otherwise, not less than £207,720. A Minister of the Crown may by regulations amend this section for the purpose of amending the financial thresholds. This section does not apply in relation to— the award of a contract by a devolved Welsh authority, unless it is awarded under a reserved procurement arrangement, the award of a contract under a devolved Welsh procurement arrangement, or the award of a contract in accordance with a framework.

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Source: legislation.gov.uk · retrieved 2026-09-04