Application
5.—(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).