Part 6: Below-threshold contracts Section 85: Regulated below-threshold contracts: procedure
Subsection (1) states that contracting authorities conducting a regulated below-threshold procurement may not restrict the submission of tenders by reference to a supplier’s suitability. This has the effect of preventing the operation of a separate suitability stage before tendering as a way of reducing the number of bidders who are invited to tender.
	Subsection (2) establishes that assessing a supplier’s suitability includes checking its legal or financial capacity or its technical ability.
	Subsection (3) disapplies the prohibition in subsection (1) in relation to works contracts that are above the thresholds set out therein. These are the same as the GPA-related thresholds for goods and services established in Schedule 1 (threshold amounts). This is because the GPA-related works threshold is much higher, and it is appropriate that some higher value, but still below-threshold, works contracts should be able to conduct a suitability stage pre-tendering if desired.
	Subsection (4) allows a Minister of the Crown to make regulations amending the financial thresholds in subsection (3).
	Subsection (5) excludes from the application of this section contracts awarded by devolved Welsh authorities, unless awarded under a reserved procurement arrangement, or the award of a contract under devolved Welsh procurement arrangements, and contracts under frameworks.