Overview
The guidance documents are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
The guidance documents should be read in conjunction with the Procurement Act 2023 and its associated regulations and are aimed at procurement practitioners and commercial policy leads in contracting authorities. They are intended to provide technical guidance and help with interpretation and understanding of the Procurement Act 2023.
Contracting authorities awarding defence and security contracts are generally governed by the provisions in the Act, just like any other contracting authority. The specific defence and security provisions in the Act provide derogations and flexibility to cater for the limited differences in the way that contracting authorities awarding defence and security contracts need to operate compared to those awarding other contracts.
Some of the provisions in the Act relating to equal treatment of suppliers and greater openness in the conduct of procurement procedures might not be practical where the nature of the defence market limits the scope for competition. Others may put at risk the UK’s defence and security interests, such as maintaining security of supply for critical defence supplies.
Legal framework
- Section 7
Other guidance relevant to this area
Contracting authorities awarding defence and security contracts will need to understand the whole of the Act, as the same provisions (for example, relating to competitive tendering procedures, conditions of participation and award criteria) as apply to contracting authorities awarding other contracts apply.
The following guidance is of particular relevance:
- Mixed procurement
- Valuation of contracts
- Exempted contracts
- Thresholds