The Public Supply Contracts Regulations 1995

General exclusions

6.  These Regulations shall not apply to the seeking of offers in relation to a proposed public supply contract—

(a)for the purpose of carrying out an activity specified in the second column of Schedule 1 to the Utilities Supply and Works Contracts Regulations 1992(1) other than an activity specified in paragraph 2 or 3 thereof;

(b)when a contracting authority exercises the activity specified in paragraph 1 of Schedule 1 to the Utilities Supply and Works Contracts Regulations 1992 for the purpose of carrying out an activity specified in paragraph 2 or 3 thereof;

(c)which is classified as secret or where the delivery of the goods under it must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions of any part of the United Kingdom or when the protection of the basic interests of the security of the United Kingdom require it;

(d)where goods to be purchased or hired under the contract are goods to which the provisions of Article 223.1(b) of the EEC Treaty apply; or

(e)where different procedures govern the procedures leading to the award of the contract and it is to be entered into—

(i)pursuant to an international agreement to which the United Kingdom and a State which is not a relevant State are parties and it relates to goods intended for the joint implementation or exploitation of a project pursuant to that agreement;

(ii)pursuant to an international agreement relating to the stationing of troops; or

(iii)in accordance with the contract award procedures of an organisation of which only States are members (an “international organisation”) or of which only States or international organisations are members.

(1)

S.I. 1992/3279 as amended by S.I. 1993/3227.