PART 1Key definitions

10Mixed procurement: special regime contracts

(1)

Subsection (3) applies if, on award of a special regime contract other than a framework, a contracting authority considers that—

(a)

certain of the goods, services or works to be supplied under the contract could reasonably be supplied under a separate contract, and

(b)

that contract—

(i)

would not be a special regime contract of the same kind (or at all), and

(ii)

would have an estimated value of not less than the threshold amount for the type of contract.

(2)

Subsection (3) applies if, on award of a special regime contract that is a framework, a contracting authority considers that—

(a)

certain of the goods, services or works to be supplied under contracts awarded in accordance with the framework could reasonably be supplied under a contract not awarded in accordance with the framework, and

(b)

that contract—

(i)

would not be a special regime contract of the same kind (or at all), and

(ii)

would have an estimated value of not less than the threshold amount for the type of contract.

(3)

The contract is not to be treated as a special regime contract for the purposes of this Act.

(4)

Subsection (3) does not apply to prevent the contract from being treated as a defence and security contract if the contracting authority has good reasons for not awarding separate contracts.

(5)

In considering whether goods, services or works could reasonably be supplied under a separate contract, a contracting authority may, for example, have regard to the practical and financial consequences of awarding more than one contract.

(6)

A “special regime contract” means—

(a)

a concession contract,

(b)

a defence and security contract,

(c)

a light touch contract, or

(d)

a utilities contract,

and a reference to a special regime contract of a particular kind is a reference to a special regime contract of a kind described in paragraph (a), (b), (c) or (d).

(7)

This section does not apply for the purpose of determining whether a contract is a public contract.

(8)

This section does not apply to a contract awarded in accordance with a framework.