PART 2SCOPE AND PRINCIPLES
CHAPTER 2EXCLUSIONS
Exclusions: Concession contracts awarded pursuant to international rules10.
(1)
These Regulations do not apply to procurement for the award of a concession contract which the contracting entity is obliged to award or organise in accordance with procurement procedures which are established by—
(a)
an international agreement or any other legal instrument creating international law obligations, concluded in conformity with the F1Retained Treaties, between the United Kingdom and one or more F2other countries or any part thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatories; F3...
F3(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(2)
These Regulations do not apply to procurement for the award of a relevant international concession contract in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.
(2A)
In the case of procurement for the award of a relevant international concession contract where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only regulation that applies to the procurement is regulation 28 (equal treatment of economic operators).
(3)
This Regulation does not apply to procurement for the award of a concession contract involving defence or security as referred to in the Defence and Security Regulations.
F5(4)
In this regulation, “relevant international concession contract” means a concession contract that—
(a)
the contracting entity undertakes or organises in accordance with procurement rules provided by an international organisation or international financing institution, and
(b)
is fully financed, or co-financed for the most part, by that organisation or institution.