PART 2SRULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 1SSCOPE AND GENERAL PRINCIPLES

SECTION 1SScope

Specific situations: Contracts subsidised by a contracting authorityS

14.—(1) These Regulations apply to procurement for the award of—

(a)a works contract which is subsidised directly by a contracting authority by more than 50% and the estimated value of which, net of value added tax, is equal to or greater than the sum specified in [F1regulation 5(1)(a)] as amended from time to time, where those contracts involve one of the following activities—

(i)civil engineering activities listed in Schedule 2; or

(ii)building works for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes; or

(b)a service contract which is subsidised directly by a contracting authority by more than 50% and the estimated value of which, net of value added tax, is equal to or greater than the sum specified in [F2regulation 5(1)(b)] as amended from time to time and which is connected to a works contract as referred to in paragraph (a).

(2) The contracting authority providing a subsidy referred to in paragraph (1) must ensure compliance with these Regulations where the authority does not itself award the subsidised contract or where the authority awards that contract for and on behalf of another person.

(3) The contracting authority providing the subsidy referred to in paragraph (1) must notify the recipient of the subsidy that these Regulations apply in the circumstances referred to in this regulation.

Textual Amendments