PART 1GENERAL

Application5

1

Subject to paragraph (3), these Regulations apply whenever a contracting authority seeks offers in relation to a proposed public supply contract, public works contract, Part A services contract, framework agreement or dynamic purchasing system other than a contract, framework agreement or dynamic purchasing system referred to in paragraph (2) or excluded from the application of these Regulations by regulation 6 or 8.

2

Whenever a contracting authority seeks offers in relation to a proposed Part B services contract or a framework agreement or dynamic purchasing system in respect of which only Part B service contracts can be based on or awarded, other than one excluded by virtue of regulation 6 or 8—

a

Parts 1, 9 and 10 apply; and

b

the following provisions in Parts 2 to 8 apply—

i

regulation 9 (technical specifications in the contract documents);

ii

regulation 31 (contract award notice);

iii

regulation 40(2) (statistical and other reports);

iv

regulation 41 (provision of reports); and

v

regulation 42 (publication of notices).

3

In these Regulations, a reference to a public works contract does not include a public works concession contract except in—

a

Parts 1, 9 and 10; and

b

the following provisions in Parts 6, 7 and 8—

i

regulation 34 (subsidised public works contracts and public services contracts);

ii

regulation 36 (public works concession contracts);

iii

regulation 37 (sub-contracting the work or works to be carried out under a public works concession contract);

iv

regulation 39 (conditions for performance of contracts);

v

regulation 41 (provision of reports);

vi

regulation 42 (publication of notices);

vii

regulation 43 (confidentiality of information);

viii

regulation 44 (means of communication);

ix

regulation 45 (sub-contracting); and

x

regulation 46 (public service bodies).