Procurement Act 2023 - Guidance

Covered procurement definition

In: Plan > Commercial pipeline

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.

Covered procurement means the award, entry into and management of a public contract. A public contract is a contract entered into by a contracting authority with a value above the relevant threshold that is not exempted by Schedule 2 of the Procurement Act 2023 (Act).

Having a defined term helps contracting authorities understand exactly what provisions apply to above threshold, non-exempted procurement. The Act also includes a wider definition of 'procurement', which means the award, entry into and management of a contract (i.e. public contracts and below-threshold and exempted contracts). That allows the Act to make some separate and limited provisions in relation to matters such as:

  • particular requirements for certain below-threshold procurements
  • non-discrimination obligations with respect to treaty state suppliers to satisfy international obligations on public procurement that apply to below-threshold or exempted procurement
  • the duty to have regard to the national procurement policy statement at section 13
  • Section 1
  • Section 11

Other guidance relevant to this area

  • Exempted contracts
  • Thresholds
  • Contracting authorities

Read the guidance

Make sure you read the guidance documents in full.