ThresholdsS
5.—(1) These Regulations apply to a procurement where the estimated value of the contract to be awarded ([F1inclusive of value added tax, where appropriate]) is equal to or greater than—
(a)in the case of a public works contract (except a subsidised public works contract), [F2£5,336,937];
(b)in the case of a public supply contract, except one to which paragraph (2)(b) applies, or a public service contract (except a subsidised public service contract) to be awarded by a central government authority or a design contest organised by such an authority, [F3£138,760];
(c)in the case of a public supply contract, except one to which paragraph (2)(a) applies, or a public service contract (except a subsidised public service contract) to be awarded by a sub‑central contracting authority or a design contest organised by such an authority, [F4£213,477];
(d)in the case of a public service contract for a service listed in Schedule 3 (social and other specified services), [F5£663,540].
(2) Where the procurement is for the award of a public supply contract by a contracting authority operating in the field of defence—
(a)the amount specified in regulation 5(1)(b) applies to contracts concerning products referred to in Schedule 4 even where the contracting authority is a sub-central contracting authority; and
(b)the amount specified in regulation 5(1)(c) applies to contracts concerning products not referred to in Schedule 4 even where the contracting authority is a central government authority.
(3) Where a proposed work, 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)[F6£70,778], in the case of supplies or services; or
(ii)[F7£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 regulation 6 (methods for calculating the estimated value).
(4) In this Regulation reference to a “contract” includes reference to a framework agreement, dynamic purchasing system or design contest.
F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 5(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), 3(2)(a) (with reg. 6)
F2Sum in reg. 5(1)(a) 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), 3(2)(b) (with reg. 6)
F3Sum in reg. 5(1)(b) 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), 3(2)(c) (with reg. 6)
F4Sum in reg. 5(1)(c) 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), 3(2)(d) (with reg. 6)
F5Sum in reg. 5(1)(d) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(5)(a)(iv) (with sch. paras. 1-5)
F6Sum in reg. 5(3)(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), 4(5)(b) (with sch. paras. 1-5)
F7Sum in reg. 5(3)(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), 4(5)(c) (with sch. paras. 1-5)
F8Reg. 5(5) 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), 4(5)(d) (with sch. paras. 1-5)