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Written question asked by Lord Agnew of Oulton (Conservative) on Tuesday, 4 March 2025, in the House of Lords. It was due for an answer on Tuesday, 18 March 2025. It was answered by Baroness Anderson of Stoke-on-Trent (Labour) on Tuesday, 18 March 2025 on behalf of the Cabinet Office.


Public Sector: Procurement

Question

To ask His Majesty's Government, further to the answer by Baroness Anderson of Stoke-on-Trent on 18 February (HL4855), on what grounds they determined that the removal of the non-compete clause (Clause 65) from contract 2887470\5 did not constitute a material modification under regulation 72 of the Public Contracts Regulations 2015, and whether an assessment was conducted to ensure that this change did not distort competition or provide the incumbent contractor with an unfair advantage.

Answer

The Cabinet Office concluded that the removal of the non-compete clause (Clause 65) from contract 2887470\5 did not constitute a material modification under regulation 72 of the Public Contracts Regulations because it did not materially alter the nature of the contract or the obligations thereunder.

The Government recognises the value of competition in marketplaces and believes that removing the clause ensures that there is fair competition and supports equal treatment of market participants.


Secondary information

Type
Written question
Reference
HL5441
Session
2024-26
Related items
Public Sector: Procurement
Tuesday, 18 February 2025
Written questions
House of Lords
Subjects
Public sector Procurement
Legislation
Public Contracts Regulations 2015
Link
View this Written question on www.parliament.uk