The Defence and Security Public Contracts Regulations 2011

General exclusions

7.—(1) These Regulations do not apply to the seeking of offers in relation to a proposed contract or framework agreement—

(a) where the application of these Regulations would oblige the United Kingdom to supply information the disclosure of which it considers contrary to the essential interests of its security;

(b) for the purposes of intelligence activities;

(c) where the contract is to be awarded or the framework agreement is to be concluded in the framework of a cooperative programme based on research and development, conducted jointly by at least two member States for the development of a new product and, where applicable, the later phases of all or part of the life cycle of the product;

(d) where the contract is to be awarded or the framework agreement is to be concluded in a State which is not a member State, including a contract or framework agreement for a civil purchase, carried out when forces are deployed outside the territory of the EU where operational needs require them to be concluded with economic operators located in the area of operations;

(e) which is governed by specific procedural rules—

(i) pursuant to an international agreement or arrangement concluded between the United Kingdom and a State which is not a member State;

(ii) pursuant to a concluded international agreement or arrangement relating to the stationing of troops and concerning the undertakings of a member State or a State which is not a member State; or

(iii) of an organisation, of which only States are members (an “international organisation”) or of which only States or international organisations are members, purchasing for its purposes;

(f) which must be awarded by a member State in accordance with specific procedural rules of an organisation referred to in sub-paragraph (e)(iii);

(g) for the acquisition of land, including existing buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land;

(h) where a government is to award a contract to, or conclude a framework agreement with, another government relating to—

(i) the supply of military equipment or sensitive equipment;

(ii) work, works or services directly linked to such equipment; or

(iii) work, works or services specifically for military purposes, or sensitive work or works or sensitive services;

(i) for arbitration or conciliation services;

(j) for financial services, with the exception of insurance services;

(k) for employment and other contracts of service; or

(l) for research and development services unless—

(i) the benefits are to accrue exclusively to the contracting authority for its use in the conduct of its own affairs; and

(ii) the services are to be wholly paid for by the contracting authority.

(2) For the purposes of paragraph (1)(h) “government” means the State, regional or local government of a member State or a State which is not a member State.