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Introductory Text
PART 1 GENERAL
CHAPTER 1 CITATION, COMMENCEMENT, EXTENT, DEFINITIONS AND SUBJECT-MATTER
1.Citation, commencement and extent
2.Definitions
3.Subject-matter and scope
4.Contracting authorities
5.Utilities
6.Mixed procurement covering the same activity
7.Procurement covering several activities
CHAPTER 2 ACTIVITIES
8.Common Provisions
9.Gas and heat
10.Electricity
11.Water
12.Transport services
13.Ports and airports
14.Postal services
15.Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
CHAPTER 3 MATERIAL SCOPE
SECTION 1 Thresholds
16.Threshold amounts
16A.Review and amendment of certain thresholds
17.Methods for calculating the estimated value of the procurement
SECTION 2 Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
SUB-SECTION 1
Exclusions applicable to all utilities and special exclusions for the water and energy sectors
18.Contracts awarded for the purpose of resale or lease to third parties
19.Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity outside the United Kingdom
20.Contracts awarded and design contests organised pursuant to international rules
21.Specific exclusions for service contracts
22.Service contracts awarded on the basis of an exclusive right
23.Contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy
SUB-SECTION 2
Procurement involving defence and security aspects
24.Defence and security
25.Mixed procurement covering the same activity and involving defence or security aspects
26.Procurement covering several activities and involving defence or security aspects
27.Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
SUB-SECTION 3
Special relations (cooperation, affiliated undertakings and joint ventures)
28.Contracts between contracting authorities
29.Contracts awarded to an affiliated undertaking
30.Contracts awarded to a joint venture or to a utility forming part of a joint venture
31.Notification of information
SUB-SECTION 4
Specific situations
32.Research and development services
33.Contracts subject to special arrangements
SUB-SECTION 5
Activities directly exposed to competition and related procedural provisions
34.Activities directly exposed to competition
35.Procedure for establishing whether regulation 34(2)(b) is applicable
CHAPTER 4 General Principles
36.Principles of procurement
37.Economic operators
38.Reserved contracts
39.Confidentiality
40.Rules applicable to communication
40A.Powers to amend regulation 40
41.Nomenclatures
42.Conflicts of interest
PART 2 RULES APPLICABLE TO CONTRACTS
CHAPTER 1 Procedures
43.Conditions relating to international agreements by which the EU is bound, other than the GPA
43A.Conditions relating to the GPA
43B.Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA
44.Choice of Procedures
45.Open Procedure
46.Restricted Procedure
47.Negotiated Procedure with prior call for competition
48.Competitive dialogue
49.Innovation partnership
50.Use of the negotiated procedure without prior call for competition
CHAPTER 2 Techniques and instruments for electronic and aggregated procurement
51.Framework agreements
52.Dynamic purchasing systems
53.Electronic auctions
54.Electronic catalogues
55.Centralised purchasing activities and central purchasing bodies
56.Occasional joint procurement
57.Procurement involving utilities from other member States
CHAPTER 3 Conduct of the procedure
SECTION 1 Preparation
58.Preliminary market consultations
59.Prior involvement of candidates or tenderers
60.Technical specifications
61.Labels
62.Test reports, certification and other means of proof
63.Communication of technical specifications
64.Variants
65.Division of contracts into lots
66.Setting time limits
SECTION 2 Publication and transparency
67.Periodic indicative notices
68.Notices on the existence of a qualification system
69.Contract notices
70.Contract award notices
71.Publication on the UK e-notification service
72.Publication otherwise than on the UK e-notification service
73.Electronic availability of procurement documents
74.Invitations to candidates
75.Informing applicants for qualification, candidates and tenderers
SECTION 3 Choice of participants and award of contracts
76.General principles
SUB-SECTION 1
Qualification and qualitative selection
77.Qualification systems
78.Criteria for qualitative selection
79.Reliance on the capacities of other entities
80.Use of exclusion grounds and selection criteria provided for under the Public Contracts Regulations
81.Quality assurance standards and environmental management standards
SUB-SECTION 2
Award of the Contract
82.Contract award criteria
83.Life-cycle costing
84.Abnormally low tenders
SECTION 4 Tenders comprising products originating in third countries and relations with those countries
85.Tenders comprising products originating in third countries
CHAPTER 4 Contract performance
86.Conditions for performance of contracts
87.Subcontracting
88.Modification of contracts during their term
89.Termination of contracts
PART 3 PARTICULAR PROCUREMENT REGIMES
CHAPTER 1 Social and other specific services
90.Award of contracts for social and other specific services
91.Publication of notices
92.Principles of awarding contracts
93.Reserved contracts for certain services
CHAPTER 2 Rules governing design contests
94.Scope of Chapter 2
95.Notices
96.Rules on the organisation of design contests and the selection of participants and the jury
97.Decisions of the jury
PART 4 INFORMATION AND DOCUMENTATION
98.Retention of contract copies
99.Information and documentation requirements
PART 5 REMEDIES
CHAPTER 1 FACILITATION OF REMEDIES
100.Scope of Chapter 1
101.Notices of decisions to award a contract or conclude a framework agreement
102.Standstill period
CHAPTER 2 APPLICATIONS TO THE COURT
103.Interpretation of Chapter 2
104.Duty owed to economic operators from the United Kingdom and Gibraltar
105.Duty owed to economic operators from countries with whom the EU has an international agreement, other than the GPA
105A.Duty owed to economic operators from GPA parties
105B.Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA
106.Enforcement of duties through the Court
107.General time limits for starting proceedings
108.Special time limits for seeking a declaration of ineffectiveness
109.Starting proceedings
110.Contract-making suspended by challenge to award decision
111.Interim orders
112.Remedies where the contract has not been entered into
113.Remedies where the contract has been entered into
114.Grounds for ineffectiveness
115.General interest grounds for not making a declaration of ineffectiveness
116.The consequences of ineffectiveness
117.Penalties in addition to, or instead of, ineffectiveness
118.Ineffectiveness etc. in relation to specific contracts based on a framework agreement
119.Injunctions against the Crown
PART 5A AMENDING THESE REGULATIONS
119A.General provisions about regulations under these Regulations
PART A6 PROCESSING OF INVOICES SUBMITTED ELECTRONICALLY
A120.Contractual provisions relating to the processing of electronic invoices
PART 6 REVOCATION, MODIFICATION, SAVINGS AND TRANSITIONAL PROVISIONS
120.Interpretation of Part 6
121.Revocations
122.Transitional provisions and savings where procurement procedure commenced before 18th April 2016
123.Time limits and the 2006 Regulations: modification of the existing saving of the original provisions
124.Transitory provision prior to commencement of regulation 40(1) to (7)
PART 7 REVIEW
125.Review of these Regulations
Signature
SCHEDULE A1
PARTIES TO THE GPA
SCHEDULE 1
ACTIVITIES CONSTITUTING WORKS
. . . . . . . . . ....
SCHEDULE 2
SOCIAL AND OTHER SPECIFIC SERVICES
SCHEDULE 3
INTERNATIONAL TRADE AGREEMENTS
Explanatory Note