Part 6: Below-threshold contracts Section 86: Regulated below-threshold contracts: duty to consider small and medium-sized enterprises
Subsection (1) requires contracting authorities, before inviting the submission of tenders in relation to the award of a regulated below threshold contract (defined in section 84), to have regard to the particular barriers to participation in public procurement that small and medium-sized enterprises may face, and whether those barriers can be removed or reduced. Section 123 (Interpretation) defines what "small and medium-sized enterprises" means.
	Subsection (2) disapplies this obligation in relation to awards made under a framework. However, it is worth noting that the establishment of frameworks will likely be subject to the duty to have regard to barriers facing SMEs, set out in section 12(4).