225. Exclusion of non-commercial considerations; 'best value' requirements.

Local and certain other public authorities1 must exercise their functions in relation to public works and public supply contracts2 without reference to non-commercial matters3. The duty arises whenever the authority exercises one of the following functions4:

  1.  

    (1)     including persons in or excluding5 persons from approved lists of contractors6 or lists of persons who may be invited to tender7;

  2.  

    (2)     accepting or refusing the submission of tenders8;

  3.  

    (3)     selecting the person with whom to enter into the contract9;

  4.  

    (4)     giving or withholding approval for, or selecting or nominating, sub-contractors10; and

  5.  

    (5)     terminating contracts11.

For these purposes non-commercial matters relate to12: (a)

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