The Public Supply Contracts Regulations 1991

Regulation 2(1)

SCHEDULE 1 GATT CONTRACTING AUTHORITIES

• Cabinet Office

  • Civil Service College

  • Civil Service Commission

  • Civil Service Occupational Health Service

  • Office of the Minister for the Civil Service

  • Parliamentary Counsel Office

• Central Office of Information

• Charity Commission Crown Estate Commissioners

• Crown Prosecution Service

• Customs and Excise Department

• Department for National Savings

• Department of Education and Science

  • University Grants Committee

• Department of Employment

  • Employment Appeal Tribunal

  • Industrial Tribunals

  • Office of Manpower Economics

• Department of Energy

• Department of Health

  • Central Council for Education and Training in Social Work

  • Dental Estimates Board

  • English National Board for Nursing, Midwifery and Health Visitors

  • Medical Boards and Examining Medical Officers (War Pensions)

  • National Health Service Authorities

  • Prescription Pricing Authority

  • Public Health Laboratory Service Board

  • Regional Medical Service

  • U.K. Central Council for Nursing, Midwifery and Health Visiting

• Department of Social Security

  • Attendance Allowance Board

  • Occupational Pensions Board

  • Social Security Advisory Committee

  • Supplementary Benefits Appeal Tribunals

• Department of the Environment

  • Building Research Establishment

  • Commons Commissioners

  • Countryside Commission

  • Fire Research Station (Boreham Wood)

  • Historic Buildings and Monuments Commission

  • Local Valuation Panels

  • Property Services Agency

  • Rent Assessment Panels

  • Royal Commission on Environmental Pollution

  • Royal Commission on Historical Monuments of England

  • Royal Fine Art Commission (England)

• Department of the Procurator General and Treasury Solicitor

  • Legal Secretariat to the Law Officers

• Department of Trade and Industry

  • Laboratory of the Government Chemist

  • National Engineering Laboratory

  • National Physical Laboratory

  • Warren Spring Laboratory

  • National Weights and Measures Laboratory

  • Domestic Coal Consumers' Council

  • Electricity Consultative Councils for England and Wales

  • Gas Consumers' Council

  • Transport Users Consultative Committees

  • Monopolies and Mergers Commission

  • Patent Office

• Department of Transport

  • Coastguard Services

  • Transport and Road Research Laboratory

  • Transport Tribunal

• Export Credits Guarantee Department

• Foreign and Commonwealth Office

  • Government Communications Headquarters

  • Wilton Park Conference Centre

• Government Actuary’s Department

• Home Office

  • Boundary Commission for England

  • Gaming Board for Great Britain

  • Inspectors of Constabulary

  • Parole Board and Local Review Committees

• House of Commons

• House of Lords

• Inland Revenue, Board of

• Intervention Board for Agricultural Produce

• Lord Chancellor’s Department

  • Council on Tribunals

  • County Courts (England and Wales)

  • Immigration Appellate Authorities

    • Immigration Adjudicators

    • Immigration Appeal Tribunal

  • Judge Advocate General and Judge Advocate of the Fleet

  • Lands Tribunal

  • Law Commission

  • Legal Aid Fund (England and Wales)

  • Pensions Appeal Tribunals

  • Public Trustee Office

  • Office of the Social Security Commissioners

  • Special Commissioners for Income Tax (England and Wales)

  • Supreme Court (England and Wales)

    • Court of Appeal: Civil and Criminal Divisions

    • Courts Martial Appeal Court

    • Crown Court

    • High Court

  • Value Added Tax Tribunals

• Ministry of Agriculture Fisheries and Food

  • Advisory Services

  • Agricultural Development and Advisory Service

  • Agricultural Dwelling House Advisory Committees

  • Agricultural Land Tribunals

  • Agricultural Science Laboratories

  • Agricultural Wages Board and Committees

  • Cattle Breeding Centre

  • Plant Variety Rights Office

  • Royal Botanic Gardens, Kew

• Ministry of Defence

  • Meteorological Office

  • Procurement Executive

• National Audit Office

• National Investment Loans Office

• Northern Ireland Court Service

  • Coroners Courts

  • County Courts

  • Crown Courts

  • Enforcement of Judgements Office

  • Legal Aid Fund

  • Magistrates Court

  • Pensions Appeals Tribunals

  • Supreme Court of Judicature and Courts of Criminal Appeal

• Northern Ireland, Department of Agriculture

• Northern Ireland, Department for Economic Development

• Northern Ireland, Department of Education

• Northern Ireland, Department of the Environment

• Northern Ireland, Department of Finance and Personnel

• Northern Ireland, Department of Health and Social Services

• Northern Ireland Office

  • Crown Solicitor’s Office

  • Department of the Director of Public Prosecutions for Northern Ireland

  • Northern Ireland Forensic Science Laboratory

  • Office of Chief Electoral Officer for Northern Ireland

  • Police Authority for Northern Ireland

  • Probation Board for Northern Ireland

  • State Pathologist Service

• Office of Arts and Libraries

  • British Library

  • British Museum

  • British Museum (Natural History)

  • Imperial War Museum

  • Museums and Galleries Commission

  • National Gallery

  • National Maritime Museum

  • National Portrait Gallery

  • Science Museum

  • Tate Gallery

  • Victoria and Albert Museum

  • Wallace Collection

• Office of Fair Trading

• Office of Population Censuses and Surveys

  • National Health Service Central Register

• Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

• Overseas Development Administration

  • Overseas Development and National Research Institute

• Paymaster General’s Office

• Postal Business of the Post Office

• Privy Council Office

• Public Record Office

• Registry of Friendly Societies

• Royal Commission on Historical Manuscripts

• Royal Hospital, Chelsea

• Royal Mint

• Scotland, Crown Office and Procurator Fiscal Service

• Scotland, Department of the Registers of Scotland

• Scotland, General Register Office

  • National Health Service Central Register

• Scotland, Lord Advocate’s Department

• Scotland, Queen’s and Lord Treasurer’s Remembrancer

• Scottish Courts Administration

  • Accountant of Court’s Office

  • Court of Justiciary

  • Court of Session

  • Lands Tribunal for Scotland

  • Pensions Appeal Tribunals

  • Scottish Land Court

  • Scottish Law Commission

  • Sheriff Courts

  • Social Security Commissioners' Office

• Scottish Office

  • Central Services

  • Department of Agriculture and Fisheries for Scotland:

    • Artificial Insemination Service

    • Crofters Commission

    • Red Deer Commission

    • Royal Botanic Garden, Edinburgh

  • Industry Department for Scotland

    • Scottish Electricity Consultative Councils

  • Scottish Development Department

    • Rent Assessment Panel and Committees

    • Royal Commission on the Ancient and Historical Monuments of Scotland

    • Royal Fine Art Commission for Scotland

  • Scottish Education Department

    • National Galleries of Scotland

    • National Library of Scotland

    • National Museums of Scotland

  • Scottish Home and Health Departments

    • HM Inspectorate of Constabulary

    • Local Health Councils

    • Mental Welfare Commission for Scotland

    • National Board for Nursing, Midwifery and Health Visiting for Scotland

    • Parole Board for Scotland and Local Review Committees

    • Scottish Antibody Production Unit

    • Scottish Council for Postgraduate Medical Education

    • Scottish Crime Squad

    • Scottish Criminal Record Office

    • Scottish Fire Service Training School

    • Scottish Health Boards

    • Scottish Health Service–Common Services Agency

    • Scottish Health Service Planning Council

    • Scottish Police College

• Scottish Record Office

• HM Stationery Office

• HM Treasury

  • Central Computer and Telecommunications Agency

  • Chessington Computer Centre

  • Civil Service Catering Organisation

  • National Economic Development Council

  • Rating of Government Property Department

• Welsh Office

  • Ancient Monuments (Wales) Commission

  • Council for the Education and Training of Health Visitors

  • Local Government Boundary Commission for Wales

  • Local Valuation Panels and Courts

  • National Health Service Authorities

  • Rent Control Tribunals and Rent Assessment Panels and Committees

Regulation 7(2)(a)

SCHEDULE 2 GOODS FOR THE PURPOSES OF THE THRESHOLDS

The goods for the purposes of regulation 7(2)(a) are those specified in the following chapters of the CCCN (Customs Co-operation Council Nomenclature)

• Chapter 25: Salt; sulphur; earths and stone; plastering materials, lime and cement

• Chapter 26: Metallic ores, slag and ash

• Chapter 27: Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

  • except:

  • ex 27.10: special engine fuels

• Chapter 28: Inorganic chemicals; organic and inorganic compounds of precious metals, of rare-earth metals, of radio-active elements and of isotopes

  • except:

  • ex 28.09: explosives

  • ex 28.13: explosives

  • ex 28.14: tear gas

  • ex 28.28: explosives

  • ex 28.32: explosives

  • ex 28.39: explosives

  • ex 28.50: toxic products

  • ex 28.51: toxic products

  • ex 28.54: explosives

• Chapter 29: Organic chemicals

  • except:

  • ex 29.03: explosives

  • ex 29.04: explosives

  • ex 29.07: explosives

  • ex 29.08: explosives

  • ex 29.11: explosives

  • ex 29.12: explosives

  • ex 29.13: toxic products

  • ex 29.14: toxic products

  • ex 29.15: toxic products

  • ex 29.21: toxic products

  • ex 29.22: toxic products

  • ex 29.23: toxic products

  • ex 29.26: explosives

  • ex 29.27: toxic products

  • ex 29.29: explosives

• Chapter 30: Pharmaceutical products

• Chapter 31: Fertilizers

• Chapter 32: Tanning and dyeing extracts; tannins and their derivatives; dyes, colours, paints and varnishes; putty, fillers and stoppings; inks

• Chapter 33: Essential oils and resinoids; perfumery, cosmetic or toilet preparations

• Chapter 34: Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and “dental waxes”

• Chapter 35: Albuminoidal substances; glues; enzymes

• Chapter 37: Photographs and cinematographic goods

• Chapter 38: Miscellaneous chemical products

  • except:

  • ex 38.19: toxic products

• Chapter 39: Artificial resins and plastic materials, cellulose esters and ethers; articles thereof

  • except:

  • ex 39.03: explosives

• Chapter 40: Rubber, synthetic rubber, factice, and articles thereof

  • except:

  • ex 40.11: bullet-proof tyres

• Chapter 41: Raw hides and skins (other than furskins) and leather

• Chapter 42: Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut)

• Chapter 43: Furskins and artificial fur; manufacturers thereof

• Chapter 44: Wood and articles of wood; wood charcoal

• Chapter 45: Cork and articles of cork

• Chapter 46: Manufactures of straw of esparto and of other plaiting materials; basketware and wickerwork

• Chapter 47: Paper-making material

• Chapter 48: Paper and paperboard; articles of paper pulp, of paper or of paperboard

• Chapter 49: Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans

• Chapter 65: Headgear and parts thereof

• Chapter 66: Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof

• Chapter 67: Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

• Chapter 68: Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials

• Chapter 69: Ceramic products

• Chapter 70: Glass and glassware

• Chapter 71: Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery

• Chapter 73: Iron and steel and articles thereof

• Chapter 74: Copper and articles thereof

• Chapter 75: Nickel and articles thereof

• Chapter 76: Aluminium and articles thereof

• Chapter 77: Magnesium and beryllium and articles thereof

• Chapter 78: Lead and articles thereof

• Chapter 79: Zinc and articles thereof

• Chapter 80: Tin and articles thereof

• Chapter 81: Other base metals employed in metallurgy and articles thereof

• Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal; parts thereof

  • except:

  • ex 82.05: tools

  • ex 82.07: tools, parts

• Chapter 83: Miscellaneous articles of base metal

• Chapter 84: Boilers, machinery and mechanical appliances; parts thereof

  • except:

  • ex 84.06: engines

  • ex 84.08: other engines

  • ex 84.45: machinery

  • ex 84.53: automatic data-processing machines

  • ex 84.55: parts of machines under heading No.84.53

  • ex 84.59: nuclear reactors

• Chapter 85: Electrical machinery and equipment; parts thereof

  • except:

  • ex 85.13: telecommunication equipment

  • ex 85.15: transmission apparatus

• Chapter 86: Railway and tramway locomotives, rolling-stock and parts thereof; railway and tramway tracks fixtures and fittings; traffic signalling equipment of all kinds (not electrically powered)

  • except:

  • ex 86.02: armoured locomotives, electric

  • ex 86.03: other armoured locomotives

  • ex 86.05: armoured wagons

  • ex 86.06: repair wagons

  • ex 86.07: wagons

• Chapter 87: Vehicles, other than railway or tramway rolling-stock, and parts thereof

  • except:

  • 87.08: tanks and other armoured vehicles

  • ex 87.01: tractors

  • ex 87.02: military vehicles

  • ex 87.03: breakdown lorries

  • ex 87.09: motorcycles

  • ex 87.14: trailers

• Chapter 89: Ships, boats and floating structures

  • except:

    • ex 89.01 A: warships

• Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus; parts thereof

  • except:

  • ex 90.05: binoculars

  • ex 90.13: miscellaneous instruments, lasers

  • ex 90.14: telemeters

  • ex 90.28: electrical and electronic measuring instruments

  • ex 90.11: microscopes

  • ex 90.17: medical instruments

  • ex 90.18: mechano-therapy appliances

  • ex 90.19: orthopaedic appliances

  • ex 90.20: X-ray apparatus

• Chapter 91: Clocks and watches and parts thereof

• Chapter 92: Musical instruments; sound recorders or reproducers; television image and sound recorders or reproducers; parts and accessories of such articles

• Chapter 94: Furniture and parts thereof; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings

  • except:

  • ex 94.01 A: aircraft seats

• Chapter 95: Articles and manufactures of carving or moulding material

• Chapter 96: Brooms, brushes, powder-puffs and sieves

• Chapter 98: Miscellaneous manufactured articles

Regulations 9(1), 11(2), 12(2), 13(2) and 21(1)

SCHEDULE 3 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A ANNUAL NOTICE OF EXPECTED PUBLIC SUPPLY CONTRACTS

1.  Name, address and telephone, telegraphic, telex and facsimile numbers of the contracting authority and of the service from which additional information may be obtained.

2.  Nature and quantity or value of the goods to be supplied.

3.  Estimated date of the commencement of the procedures leading to the award of the contract(s) (if known).

4.  Other information.

5.  Date of despatch of the notice.

PART B OPEN PROCEDURE NOTICE

1.  Name, address and telephone, telegraphic, telex and facsimile numbers of the contracting authority.

2.—(a) Award procedure chosen;

(b) form of contract for which offers are invited.

3.—(a) Place of delivery;

(b) nature and quantity of the goods to be supplied;

(c) indication of whether the suppliers can tender for some and/or all of the goods required;

(d) derogation from the use of European specifications.(1)

4.  Time limit for delivery, if any.

5.—(a) Name and address of the service from which the contract documents may be requested;

(b) final date for making such requests;

(c) where applicable, the amount and terms of payment of any sum payable for such documents.

6.—(a) Final date for receipt of tenders;

(b) address to which they must be sent;

(c) language(s) in which they must be drawn up.

7.—(a) Persons authorised to be present at the opening of tenders;

(b) date, time and place of opening.

8.  Where applicable, any deposits and guarantees required.

9.  The main terms concerning financing and payment and/or references to the relevant provisions.

10.  Where applicable, the legal form to be taken by the grouping of suppliers winning the contract.

11.  The information and formalities necessary for an appraisal of the minimum standards of economic and financial standing and technical capacity required of the supplier.

12.  Period during which the tenderer is bound to keep open his tender.

13.  Criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned if they do not appear in the contract documents.

14.  Other information.

15.  Date of despatch of the notice.

PART C RESTRICTED PROCEDURE NOTICE

1.  Name, address and telephone, telegraphic, telex and facsimile numbers of the contracting authority.

2.—(a) Award procedure chosen;

(b) where applicable, justification for use of the shorter time limits;(2)

(c) form of contract for which offers are invited.

3.—(a) Place of delivery;

(b) nature and quantity of goods to be delivered;

(c) indication of whether the supplier can tender for some and/or all of the goods required;

(d) derogation from the use of European specifications.(3)

4.  Time limit on delivery, if any.

5.  Where applicable, the legal form to be assumed by the grouping of suppliers winning the contract.

6.—(a) Final date for the receipt of requests to participate;

(b) address to which they must be sent;

(c) language(s) in which they must be drawn up.

7.  Final date for the despatch of invitations to tender.

8.  Information concerning the supplier’s own position, and the information and formalities necessary for an appraisal of the minimum standards of economic and financial standing and technical capacity required of him.

9.  Criteria for the award of the contract if these are not stated in the invitation to tender.

10.  Other information.

11.  Date of despatch of the notice.

PART D NEGOTIATED PROCEDURE NOTICE

1.  Name, address and telephone, telegraphic, telex and facsimile number of the contracting authority.

2.—(a) Award procedure chosen;

(b) where applicable, justification for use of the shorter time limits;(4)

(c) where applicable, form of contract for which offers are invited.

3.—(a) Place of delivery;

(b) nature and quantity of goods to be delivered;

(c) indication of whether the suppliers can tender for some and/or all of the goods required;

(d) derogation from the use of European specifications.(3)

4.  Time limit on delivery, if any.

5.  Where applicable, the legal form to be assumed by a grouping of suppliers winning the contract.

6.—(a) Final date for the receipt of requests to participate;

(b) address to which they must be sent;

(c) language(s) in which they must be drawn up.

7.  Information concerning the supplier’s own position, and the information and formalities necessary for an appraisal of the minimum standards of economic and financial standing and technical capacity required of him.

8.  Where applicable, the names and addresses of suppliers already selected by the awarding authority.

9.  Date(s) of previous publications in the Official Journal of the European Communities.

10.  Other information.

11.  Date of despatch of the notice.

PART E CONTRACT AWARD NOTICE

1.  Name and address of contracting authority.

2.—(a) Award procedure chosen;

(b) in respect of GATT contracting authorities, where appropriate, justification for the use of the negotiated procedure.(5)

3.  Date of award of contract.

4.  Criteria for award of contract.

5.  Number of offers received.

6.  Name(s) and address(es) of supplier(s).

7.  Nature and quantity of goods supplied, where applicable, by supplier.

8.  Price or range of prices.

9.  Other information.

10.  Date of publication of the tender notice in the Official Journal of the European Communities.

11.  Date of despatch of the notice.

(1)

Within the meaning of regulation 8.

(2)

In accordance with regulation 12.

(3)

Within the meaning of regulation 8.

(4)

In accordance with regulation 13.

(5)

In accordance with regulation 10(3).