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The Public Contracts (Scotland) Regulations 2006

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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).

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