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.
Fundamental to the new procurement regime is ensuring fair and open competition and treating suppliers equally. Contracting authorities should be confident that suppliers taking part in their procurements and delivering their contracts are reliable. Contracting authorities should use conditions of participation to satisfy themselves that suppliers have the legal and financial capacity and technical ability to deliver the specific goods, works or services involved.
The exclusions regime enables, and where appropriate requires, the exclusion of suppliers where they pose particular risks to public procurement. It provides a framework within which contracting authorities must consider a supplier’s recent past behaviour and circumstances to determine whether it should be allowed to compete for or be awarded a public contract.
Legal framework
- Sections 26 - 29
- Sections 57 - 58
- Schedules 6 - 7
Other guidance relevant to this area
- Debarment
- Conditions of participation
- Direct award
- Competitive tendering procedures
- Contract termination