109.—(1) Subject to paragraphs (2) and (5), this Chapter applies to procurements by contracting authorities with respect to public contracts where Part 2 does not apply because the estimated value of the procurement is less than the relevant threshold mentioned in regulation 5.
(2) This Chapter does not apply in any of the following cases:—
(a)where Part 2 would not have applied even if the estimated value of the procurement had been equal to or greater than the relevant threshold mentioned in regulation 5;
(b)where the contracting authority is a central government authority and the procurement has a value [F1inclusive] of VAT estimated to be less than [F2£12,000];
(c)where the contracting authority is—
(i)a sub-central contracting authority or an NHS Trust [F3or an NHS Foundation Trust], and
(ii)the procurement has a value [F4inclusive] of VAT estimated to be less than [F5£30,000];
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purposes of paragraph (2)(b) and (c) and regulation 111(2), the estimated value of the procurement shall be calculated on the basis set out in regulation 6(1) to (5), (7) to (10) and (16) to (19), but as if the reference to a call for competition in regulation 6(7) were a reference to the publication of information on Contracts Finder in accordance with regulation 110.
(4) A procurement shall not be subdivided with the effect of preventing it from falling within the scope of this Chapter, unless justified by objective reasons.
(5) Regulations 110 and 112 do not apply where the contracting authority is a maintained school [F7, an Academy or a sixth form college corporation].
Textual Amendments
F1Word in reg. 109(2)(b) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(e)(i) (with reg. 7)
F2Sum in reg. 109(2)(b) substituted (21.12.2022) by The Public Contracts (Amendment) Regulations 2022 (S.I. 2022/1390), regs. 1(1), 2(2)(a)
F3Words in reg. 109(2)(c)(i) inserted (21.12.2022) by The Public Contracts (Amendment) Regulations 2022 (S.I. 2022/1390), regs. 1(1), 2(2)(b)
F4Word in reg. 109(2)(c)(ii) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(e)(ii) (with reg. 7)
F5Sum in reg. 109(2)(c)(ii) substituted (21.12.2022) by The Public Contracts (Amendment) Regulations 2022 (S.I. 2022/1390), regs. 1(1), 2(2)(c)
F6Reg. 109(2)(d) omitted (E.) (1.1.2024) by virtue of The Health Care Services (Provider Selection Regime) Regulations 2023 (S.I. 2023/1348), regs. 1(1), 28(c) (with regs. 2, 3, 29)
F7Words in reg. 109(5) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 21 (with reg. 5)