The Public Contracts (Scotland) Regulations 2006

Application

5.—(1) Subject to paragraph (3) and regulation 8(21), these Regulations apply whenever a contracting authority seeks offers in relation to a proposed public supply contract, public works contract, Part A services contract, framework agreement or dynamic purchasing system other than a contract, framework agreement or dynamic purchasing system excluded from the application of these Regulations by regulation 6 or 8.

(2) Whenever a contracting authority seeks offers in relation to a proposed Part B services contract other than one excluded by virtue of regulation 6 or 8–

(a) Parts 1, 9 and 10 apply; and

(b) the following provisions in Parts 2 to 8 apply–

(i) regulation 9 (technical specifications in the contract documents);

(ii) regulation 31 (contract award notice);

(iii) regulation 40(2) (statistical and other reports);

(iv) regulation 41 (provision of reports); and

(v) regulation 42 (publication of notices).

(3) In these Regulations, a reference to a public works contract does not include a public works concession contract except in–

(a) Parts 1, 9 and 10; and

(b) the following provisions in Parts 6, 7 and 8–

(i) regulation 34 (subsidised public works contracts and public services contracts);

(ii) regulation 36 (public works concession contracts);

(iii) regulation 37 (sub contracting the work or works to be carried out under a public works concession contract);

(iv) regulation 39 (conditions for performance of contracts);

(v) regulation 41 (provision of reports);

(vi) regulation 42 (publication of notices);

(vii) regulation 43 (confidentiality of information);

(viii) regulation 44 (means of communication);

(ix) regulation 45 (sub contracting); and

(x) regulation 46 (public service bodies).