The Public Supply Contracts Regulations 1991

General exclusions

6.  These Regulations shall not apply to the seeking of offers in relation to a proposed public supply contract–

(a) by a contracting authority which is, or which in seeking the offers is exercising the functions of, a carrier by land, air, sea or inland waterway;

(b) which concerns the production, transport or distribution of drinking water;

(c) by a contracting authority whose principal activity is the production or distribution of energy or the provision of telecommunications services;

(d) which is classified as secret or where the delivery of the goods under it must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions of any part of the United Kingdom or when the protection of the basic interests of the security of the United Kingdom require it;

(e) where goods to be purchased or hired under the contract are goods to which the provisions of Article 223.1(b) of the EEC Treaty apply; or

(f) where different procedures govern the procedures leading to the award of the contract and it is to be entered into–

(i) pursuant to an international agreement to which the United Kingdom and a State which is not a member State are parties and it relates to goods intended for the joint implementation or exploitation of a project pursuant to that agreement;

(ii) pursuant to an international agreement relating to the stationing of troops; or

(iii) in accordance with the contract award procedures of an organisation of which only States are members (an “international organisation”) or of which only States or international organisations are members.