The Utilities Contracts (Scotland) Regulations 2016

Thresholds S

15.—(1) These Regulations apply to a procurement where the estimated value of the contract to be awarded ( [F1 inclusive of VAT, where appropriate]) is equal to or greater than—

(a) in the case of a supply or service contract or design contest, [F2 £429,809];

(b) in the case of a works contract, [F3 £5,372,609;]

(c) in the case of a contract for a service listed in Schedule 2 (social and other specified services), [F4 £884,720].

(2) Where proposed works, acquisition of supplies or provision of services may be procured in the form of separate lots these Regulations do not apply to the award of a contract for a lot where—

(a) the estimated value of that lot is less than—

(i) [F5 £70,778], in the case of supplies or services; or

(ii) [F6 £884,720], in the case of works; and

(b) the estimated total aggregate value of all such lots to be awarded without application of these Regulations does not exceed 20% of the estimated aggregate value of all the lots calculated in accordance with [F7 regulation 16(1)(a)] (methods for calculating the estimated value).

[F8 (2A) For the avoidance of doubt, in determining for the purpose of paragraph (2)(b) the estimated aggregate value of all the lots, no account is to be taken of any lot if its estimated value is taken to be a certain amount by virtue of regulation 16(1)(b) (rather than being an amount calculated in accordance with regulation 16(1)(a)).]

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this regulation reference to a “contract” includes reference to a framework agreement, dynamic purchasing system and design contest.

Textual Amendments

F1 Words in reg. 15(1) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds etc.) (Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/378), regs. 1(2), 4(2)(a) (with reg. 6)

F2 Sum in reg. 15(1)(a) substituted (1.1.2024) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/300), regs. 1(2), 3(2)(a) (with reg. 5)

F3 Sum in reg. 15(1)(b) substituted (1.1.2024) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/300), regs. 1(2), 3(2)(b) (with reg. 5)

F4 Sum in reg. 15(1)(c) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(6)(c) (with sch. paras. 1-5)

F5 Sum in reg. 15(2)(a)(i) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(6)(d)(i) (with sch. paras. 1-5)

F6 Sum in reg. 15(2)(a)(ii) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(6)(d)(ii) (with sch. paras. 1-5)

F7 Words in reg. 15(2)(b) substituted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(3)(a) (with reg. 3)

F8 Reg. 15(2A) inserted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(3)(b) (with reg. 3)

F9 Reg. 15(3) omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(6)(e) (with sch. paras. 1-5)

Commencement Information

I1 Reg. 15 in force at 18.4.2016, see reg. 1(2)