PART 1GENERAL
CHAPTER 3MATERIAL SCOPE
SECTION 2Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
SUB-SECTION 1Exclusions applicable to all utilities and special exclusions for the water and energy sectors
Exclusion: Contracts awarded and design contests organised pursuant to international rules19.
(1)
These Regulations do not apply to procurement for the award of a contract or the organisation of a design contest which the utility is obliged to award or organise in accordance with a procurement which is established by—
(a)
an international agreement or any other legal instrument creating international law obligations F1... between the United Kingdom and one or more F2other country or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by its signatories; F3...
F3(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(2)
These Regulations do not apply to procurement for the award of a relevant international contract or the organisation of a relevant international design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)
In the case of procurement for the award of a relevant international public contract or relevant international design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 41B (equal treatment of economic operators).
(3)
This regulation does not apply to procurement for the award of a contract or the organisation of a design contest involving defence or security aspects which are awarded or organised pursuant to international rules.
F5(4)
In this regulation, “relevant international contract” and “relevant international design contest” mean a contract or design contest that—
(a)
the utility undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)
is fully financed, or co-financed for the most part, by that organisation or institution.