Moved by
Baroness Neville-Rolfe
1: Before Clause 1, insert the following new Clause—
“Procurement and covered procurement
(1) In this Act—
(a) “procurement” means the award, entry into and management of a contract;
(b) “covered procurement” means the award, entry into and management of a public contract.
(2) In this Act, a reference to a procurement or covered procurement includes a reference to—
(a) any step taken for the purpose of awarding, entering into or managing the contract;
(b) a part of the procurement;
(c) termination of the procurement before award.
(3) In this Act, a reference to a contracting authority carrying out a procurement or covered procurement is a reference to a contracting authority carrying out a procurement or covered procurement—
(a) on its own behalf, including where it acts jointly with or through another person other than a centralised procurement authority, and
(b) if the contracting authority is a centralised procurement authority—
(i) for or on behalf of another contracting authority, or
(ii) for the purpose of the supply of goods, services or works to another contracting authority.
(4) In this Act, “centralised procurement authority” means a contracting authority that is in the business of carrying out procurement for or on behalf of, or for the purpose of the supply of goods, services or works to, other contracting authorities.”
Member’s explanatory statement
This new Clause would distinguish between “procurements” and “covered procurements”, the latter relating specifically to public contracts, so that provision in the Bill can be more clearly applied to one or the other, and consolidate certain definitions previously found elsewhere.