PA2023 Guidance: National Procurement Policy Statement

The guidance confirms that there is a statutory duty (section 13 of the Act) to “have regard” to the National Procurement Policy Statement. However, if an Contracting Authority fails to demonstrate that it has had regard, it will not be possible for a supplier to bring a civil claim for breach of the section 13; this will only be actionable by way of a judicial review claim outside the remit of the Act itself.

Procurement Act 2023 guidance documents – GOV.UK (www.gov.uk)