ScheduleAmendments to procurement regulations

Part 2Amendments to procurement regulations for Scotland

The Public Contracts (Scotland) Regulations 2015

13

(1)

Regulation 10 (exclusions: public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows.

(2)

In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).

(3)

For paragraph (2) substitute—

“(2)

These Regulations do not apply to procurement for the award of a relevant international public contract or the organisation of a relevant international design contest 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 public contract or relevant international design contest 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 26B (equal treatment of economic operators).”

(4)

At the end insert—

“(4)

In this regulation, “relevant international public contract” and “relevant international design contest” mean a public contract or design contest that—

(a)

the contracting authority awards 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.”