PART 10Procurement oversight

I1108Procurement investigations

1

An appropriate authority may investigate a relevant contracting authority’s compliance with requirements of this Act.

2

An appropriate authority conducting a procurement investigation may by notice require a relevant contracting authority—

a

to provide such relevant documents as the appropriate authority may reasonably require for the purposes of the procurement investigation, in the form or manner specified in the notice;

b

to give such other assistance in connection with the procurement investigation as is reasonable in the circumstances and is specified in the notice.

3

The relevant contracting authority must comply with a notice under subsection (2) before the end of—

a

the period specified in the notice (which must be at least 30 days beginning with the day on which the notice is given), or

b

such longer period as the appropriate authority may agree to.

4

The appropriate authority may publish the results of a procurement investigation, including any section 109 recommendation issued.

5

In this section—

  • “procurement investigation” means an investigation under subsection (1);

  • “relevant contracting authority” means a contracting authority other than—

    1. a

      a Minister of the Crown or a government department;

    2. b

      the Welsh Ministers;

    3. c

      a Northern Ireland department;

    4. d

      the Corporate Officer of the House of Commons;

    5. e

      the Corporate Officer of the House of Lords;

    6. f

      the Senedd Commission;

    7. g

      the Northern Ireland Assembly Commission;

    8. h

      a private utility;

  • “relevant documents” means documents or other information that—

    1. a

      are specified or described in a notice under subsection (2), and

    2. b

      are in the possession or control of the relevant contracting authority to which the notice is given;

  • “section 109 recommendation” has the meaning given in section 109.