The Public Contracts (Scotland) Regulations 2012

1Citation, commencement and extent

2Interpretation

3Contracting authorities

4Economic operators

6General exclusions

7Reserved contracts

PART 2TECHNICAL SPECIFICATIONS

9Technical specifications in the contract documents

PART 3PROCEDURES LEADING TO THE AWARD OF A PUBLIC CONTRACT

11Prior information notices

12Selection of contract award procedures

13Use of the negotiated procedure with prior publication of a contract notice

14Use of the negotiated procedure without prior publication of a contract notice

15The open procedure

16The restricted procedure

17The negotiated procedure

18The competitive dialogue procedure

19Framework agreements

20Dynamic purchasing systems

21Electronic auctions

22Central purchasing bodies

PART 4SELECTION OF ECONOMIC OPERATORS

23Criteria for the rejection of economic operators

24Information as to economic and financial standing

25Information as to technical or professional ability

26Supplementary information

27Official lists of approved economic operators

PART 5THE AWARD OF A PUBLIC CONTRACT

30Criteria for the award of a public contract

31Contract award notice

32Information about contract award procedures and standstill period

PART 6SPECIALISED CONTRACTS

33Design contests

34Subsidised public works contracts and public services contracts

35Subsidised housing scheme works contracts

36Public works concession contracts

37Sub-contracting the work or works to be carried out under a public works concession contract

PART 7MATTERS RELATING TO A PUBLIC CONTRACT

38Obligations relating to taxes, environmental protection, employment protection and working conditions

39Conditions for performance of contracts

PART 8MISCELLANEOUS

40Statistical and other reports

41Provision of reports

42Publication of notices

43Confidentiality of information

44Means of communication

45Sub-contracting

46Public service bodies

PART 9APPLICATIONS TO THE COURT

47Enforcement of obligations

48Powers and duties of the court

49Ineffectiveness orders

50Financial penalties

PART 10REPEALS, REVOCATIONS, SAVINGS, TRANSITIONAL PROVISIONS

52Savings and transitional provisions

53Consequential amendments

SCHEDULE 1GPA ANNEX 1 CONTRACTING AUTHORITIES

SCHEDULE 2ACTIVITIES CONSTITUTING WORKS

SCHEDULE 3CATEGORIES OF SERVICES

SCHEDULE 4EXTENSION TO NON-MEMBER STATES

SCHEDULE 5GOODS FOR THE PURPOSES OF THE THRESHOLDS

SCHEDULE 6PROFESSIONAL OR TRADE REGISTERS

PUBLIC SERVICES CONTRACTS

1In relation to procedures for the award of a public...

PUBLIC WORKS CONTRACTS

2In relation to procedures for the award of a public...

PUBLIC SUPPLY CONTRACTS

3In relation to procedures for the award of a public...

SCHEDULE 7CONSEQUENTIAL AMENDMENTS AND REVOCATIONS

2012 No. 88

Public Procurement

The Public Contracts (Scotland) Regulations 2012

Made14th March 2012

Laid before the Scottish Parliament16th March 2012

Coming into force1st May 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for the references to the European Parliament and Council Directives 2004/18/EC concerning the procedure for the award of certain public contracts and 2004/17/EC co-ordinating the procurement procedures of entities operating in the water, energy transport and postal service sectors to be construed as references to those Directives as amended from time to time.