The Public Contracts (Scotland) Regulations 2015

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

  3. PART 2 RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

    1. CHAPTER 1 SCOPE AND GENERAL PRINCIPLES

      1. SECTION 1 Scope

        1. 3.Subject Matter and application of these Regulations

        2. 4.Mixed Procurement

        3. 5.Thresholds

        4. 6.Methods for calculating the estimated value

        5. 7.Exclusions: Utilities

        6. 8.Exclusions: Concessions

        7. 9.Exclusions: Electronic Communications

        8. 10.Exclusions: Public contracts awarded, and design contests organised, pursuant to international rules

        9. 11.Exclusions: Specific service contracts

        10. 12.Exclusions: Service contracts awarded on the basis of an exclusive right

        11. 13.Exclusions: Public contracts between entities within the public sector

        12. 14.Specific situations: Contracts subsidised by a contracting authority

        13. 15.Specific situations: Research and development services

        14. 16.Specific situations: Defence and security

        15. 17.Mixed procurement involving defence or security aspects

        16. 18.Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

      2. SECTION 2 General Rules

        1. 19.Principles of procurement

        2. 20.Economic Operators

        3. 21.Reserved contracts

        4. 22.Confidentiality

        5. 23.Rules applicable to communication

        6. 24.Nomenclatures

        7. 25.Conflicts of Interest

    2. CHAPTER 2 RULES ON PUBLIC CONTRACTS

      1. SECTION 3 Procedures

        1. 26.Conditions relation to the GPA and other international agreements

        2. 27.Choice of procedures

        3. 28.Open Procedure

        4. 29.Restricted Procedure

        5. 30.Competitive procedure with negotiation

        6. 31.Competitive Dialogue

        7. 32.Innovation Partnership

        8. 33.Use of the negotiated procedure without prior publication

      2. SECTION 4 Techniques and Instruments for Electronic and Aggregated Procurement

        1. 34.Framework Agreements

        2. 35.Dynamic Purchasing Systems

        3. 36.Electronic Auctions

        4. 37.Electronic catalogues

        5. 38.Centralised purchasing activities and central purchasing bodies

        6. 39.Occasional joint procurement

        7. 40.Procurement involving contracting authorities from different member States

      3. SECTION 5 Conduct of the Procedure

        1. 41.Preliminary market consultation

        2. 42.Prior involvement of candidates or tenderers

        3. 43.Technical specifications

        4. 44.Labels

        5. 45.Test reports, certificates and other means of proof

        6. 46.Variants

        7. 47.Division of contracts into lots

        8. 48.Setting time limits

        9. 49.Prior information notices

        10. 50.Contract notices

        11. 51.Contract award notices

        12. 52.Form and manner of sending notices for publication at EU level

        13. 53.Publication at national level

        14. 54.Electronic availability of procurement documents

        15. 55.Invitations to candidates

        16. 56.Informing candidates and tenderers

      4. Choice of Participants and Awarding Contracts

        1. 57.General principles

        2. 58.Exclusion grounds

        3. 59.Selection criteria

        4. 60.European Single Procurement Document: Use, content and form of the ESPD

        5. 61.Means of proof

        6. 62.Recourse to e-Certis

        7. 63.Quality assurance standards and environmental management standards

        8. 64.Reliance upon the capacities of other entities

        9. 65.Recognition of official lists of approved economic operators and certification by certification bodies.

        10. 66.Reduction of the number of otherwise qualified candidates to be invited to participate

        11. 67.Contract award criteria

        12. 68.Life-cycle costing

        13. 69.Abnormally low tenders

      5. SECTION 6 Contract Performance

        1. 70.Conditions for performance of contracts

        2. 71.Subcontracting

        3. 72.Modification of contracts during their term

        4. 73.Termination of contracts

    3. CHAPTER 3 PARTICULAR PROCUREMENT REGIMES

      1. SECTION 7 Social and Other Specific Services

        1. 74.Award of contracts for social and other specific services

        2. 75.Publication of notices

        3. 76.Principles of awarding contracts

      2. SECTION 8 Rules Governing Design Contests

        1. 77.Scope of Section 8

        2. 78.Notices

        3. 79.Rules on the organisation of design contests and the selection of participants

        4. 80.Appointment and composition of the jury

        5. 81.Decisions of the jury

    4. CHAPTER 4 RECORDS AND REPORTS

      1. 82.Retention of contract copies

      2. 83.Reporting and documentation requirements

  4. PART 3 REMEDIES

    1. CHAPTER 5 FACILITATION OF REMEDIES

      1. 84.Scope of Chapter 5

      2. 85.Notices of decisions to award a contract or conclude a framework agreement

      3. 86.Standstill period

    2. CHAPTER 6 APPLICATIONS TO THE COURT

      1. 87.Duty owed to economic operators

      2. 88.Enforcement of duties through the courts

      3. 89.Automatic Suspension of authority power to proceed with contract award

      4. 90.Powers and duties of the court

      5. 91.Ineffectiveness orders

      6. 92.Powers of the court

      7. 93.General interest grounds for not making a declaration of ineffectiveness

      8. 94.Other orders

      9. 95.Financial penalties

  5. PART 4 REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

    1. 96.Interpretation of Part 6

    2. 97.Revocations and consequential amendments

    3. 98.Transitional provision and saving where procurement procedure commenced before 18th April 2016

    4. 99.Transitional Provision and saving where utilities procurement procedures commenced before 18th April 2016

    5. 100.Transitory provision prior to full commencement of regulation 23(1) to (7)

    6. 101.Transitory Provision: temporary exemption

  6. Signature

    1. SCHEDULE 1

      CENTRAL GOVERNMENT AUTHORITIES

      1. This Schedule transposes Annex I to the Directive by listing...

      2. Where an entity listed in this Schedule is succeeded by...

    2. SCHEDULE 2

      ACTIVITIES CONSTITUTING WORKS

      1. In this Schedule, ‘NACE Rev.1’ has the same meaning as...

    3. SCHEDULE 3

      SOCIAL AND OTHER SPECIFIC SERVICES

    4. SCHEDULE 4

      LIST OF PRODUCTS RELEVANT TO THRESHOLDS

      1. The products covered by this Schedule are those specified in...

    5. SCHEDULE 5

      PROFESSIONAL AND TRADE REGISTERS ETC.

      1. The registers and other requests referred to in regulation 59(5)...

    6. SCHEDULE 6

      CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

      1. PART 1 MODIFICATIONS TO PRIMARY LEGISLATION

        1. 1.Late Payment of Commercial Debts (Interest) Act 1998

        2. 2.Procurement Reform (Scotland) Act 2014

        3. 3.Small Business, Enterprise and Employment Act 2015

      2. PART 2 MODIFICATIONS TO SUBORDINATE LEGISLATION

        1. 4.Bathing Waters (Scotland) Regulations 2008

        2. 5.Cleaner Road Transport Vehicles (Scotland) Regulations 2010

        3. 6.Defence and Security Public Contracts Regulations 2011

        4. 7.Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

        5. 8.Utilities Contracts (Scotland) Regulations 2012

        6. 9.Energy Efficiency (Eligible Buildings) Regulations 2013

        7. 10.Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

        8. 11.Energy Savings Opportunity Scheme Regulations 2014

  8. Explanatory Note