The Public Contracts (Works, Services and Supply) (Amendment) Regulations 2000

Statutory Instruments

2000 No. 2009

PUBLIC PROCUREMENT

The Public Contracts (Works, Services and Supply) (Amendment) Regulations 2000

Made

25th July 2000

Laid before Parliament

26th July 2000

Coming into force

16th August 2000

The Treasury, being designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to public procurement, in exercise of the powers conferred upon them by the said section 2(2)M3 and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Marginal Citations

M1 S.I. 1991/755.

M2 1972 c. 68.

M3 The powers remain exerciseable by the Treasury as regards Scotland by virtue of section 57(i) of the Scotland Act 1998 c. 46.

Citation and commencement U.K.

1.  These Regulations may be cited as the Public Contracts (Works, Services and Supply) (Amendment) Regulations 2000 and shall come into force on 16th August 2000.

Interpretation U.K.

2.  In these Regulations—

(a) the “Public Works Regulations" shall mean the Public Works Contracts Regulations 1991 M4 ,

(b) the “Public Services Regulations" shall mean the Public Services Contracts Regulations 1993 M5 , and

(c) the “Public Supply Regulations" shall mean the Public Supply Contracts Regulations 1995 M6 .

Marginal Citations

M4 S.I. 1991/2680 which is amended by S.I. 1992/3279, S.I. 1995/201, S.I. 1996/2911, S.I. 1999/1042 and S.I. 1999/1820.

M5 S.I. 1993/3228 which is amended by S.I. 1995/201, S.I. 1996/2911, S.I. 1999/1042 and S.I. 1999/1820.

M6 S.I. 1995/201 which is amended by S.I. 1996/2911, S.I. 1999/1042, S.I. 1999/1820 and section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.

Amendment of the Public Works Regulations U.K.

3.—(1) Regulation 2 of the Public Works Regulations (interpretation) shall be amended—

(a) in regulation 2(1),

(i) by inserting the following definitions—

““Government Procurement Agreement" means the Agreement on Government Procurement between certain parties to the World Trade Organisation (WTO) Agreement signed in Marrakesh on 15 April 1994 M7 ,

“GPA" means the Government Procurement Agreement,”;

(ii) by omitting the definition of “ECU";

(iii) by substituting the following definition for the definition of “relevant State"—

““relevant State" means a member State or a State for the time being specified in Schedule 3 to these Regulations;”;

(b) by omitting regulation 2(2).

(2) Regulation 3 of the Public Works Regulations (contracting authorities) shall be replaced by—

“ Contracting authorities

3.— (1) For the purposes of these Regulations each of the following is a “contracting authority"—

(a) a Minister of the Crown,

(b) a government department,

(c) the House of Commons,

(d) the House of Lords,

(e) the Northern Ireland Assembly Commission,

(f) the Scottish Parliamentary Body Corporate,

(g) the National Assembly for Wales,

(h) a local authority,

(i) a fire authority constituted by a combination scheme under the Fire Services Act 1947 M8 ,

(j) the Fire Authority for Northern Ireland,

(k) a police authority established under section 3 of the Police Act 1996 M9 ,

(l) a police authority established under section 2 of the Police (Scotland) Act 1967 M10 ,

(m) the Police Authority for Northern Ireland,

(n) an authority established under section 10 of the Local Government Act 1985 M11 ,

(o) a joint authority established by Part IV of that Act,

(p) any body established pursuant to an order under section 67 of that Act,

(q) the Broads Authority,

(r) any joint board the constituent members of which consist of any of the bodies specified in paragraphs (h), (i), (k), (l), (n), (o) and (p) and (q), above,

(s) a National Park authority established by an Order under section 63 of the Environment Act 1995 M12 ,

(t) the Receiver for the Metropolitan Police District M13 ,

(u) a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and—

(i) financed wholly or mainly by another contracting authority, or

(ii) subject to management supervision by another contracting authority, or

(iii) more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,

(v) an association of or formed by one or more of the above, and

(w) to the extent not specified in sub-paragraphs (a) to (t) above, an entity specified in Schedule 1 to the Public Supply Contracts Regulations 1995 M14 .

(2) In the application of these Regulations to England, “local authority" in paragraph (1) above means—

(a) a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;

(b) the Common Council of the City of London in its capacity as local authority or police authority.

(3) In the application of these Regulations to Wales, “local authority" in paragraph (1) above means a county council, county borough council or community council.

(4) In the application of these Regulations to Scotland, “local authority" in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 M15 and also includes joint board or joint committee within the meaning of section 235(1).

(5) In the application of these Regulations to Northern Ireland, “local authority" in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M16 .

(6) Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.”.

(3) Regulation 4(1)(b) of the Public Works Regulations (contractors) shall be replaced by—

“(b) who is a national of and established in a relevant State.”.

(4) Regulation 7(1) of the Public Works Regulations (thresholds) shall be replaced by—

“(1) These Regulations shall not apply to the seeking of offers in relation to-

(a) a proposed public works contract where the estimated value of the contract (net of value added tax) at the relevant time is less than the euro equivalent of 5,000,000 special drawing rights;

(b) a proposed public works concession contract or a proposed subsidised works contract under regulation 23 where the estimated value of the contract (net of value added tax) at the relevant time is less than 5,000,000 euro.”.

(5) In regulation 7 of the Public Works Regulations (thresholds) the following paragraph shall be inserted after paragraph (1)—

“(1A) The value in pounds sterling of any amount expressed in this regulation in euro or in the euro equivalent of special drawing rights shall be calculated by reference to the rate for the time being applying for the purposes of Council Directive 93/37/EEC M17 as published from time to time in the Official Journal M18 .”.

(6) Regulation 11(4) of the Public Works Regulations (the open procedure) shall be replaced by—

“(4) Where—

(a) the contracting authority has published a prior information notice in accordance with regulation 9 above;

(b) the prior information notice contained as much of the information referred to in Part B of Schedule 2 as was available at the time of publication; and

(c) the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 11(2) is despatched;

the contracting authority may substitute for the period of not less than 52 days specified in paragraph (3) above a shorter period of generally no less than 36 days and in any event no less than 22 days, provided in each case that the period is sufficient to allow for effective tendering.”.

(7) The following paragraphs shall be added to regulation 11 of the Public Works Regulations (the open procedure)—

“(8) Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables—

(a) each tender to contain all the information necessary for its evaluation;

(b) the confidentiality of tenders to be maintained pending their evaluation; and

(c) tenders to be opened only after the time limit for their submission has expired.

(9) Where a contracting authority has authorised another means of submission in accordance with paragraph (8) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post in either case as soon as possible after the submission of the tender by another means.”.

(8) Regulation 12(12) of the Public Works Regulations (the restricted procedure) shall be replaced by—

“(12) Subject to paragraph (14) below, where—

(a) the contracting authority has published a prior information notice in accordance with regulation 9 above;

(b) the prior information notice contained as much of the information referred to in Part C (or, if appropriate, Part D) of Schedule 2 as was available at the time of publication; and

(c) the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 12(2) is despatched;

the contracting authority may substitute for the period of not less than 40 days in paragraph (11) above, a period of not less than 26 days.”.

(9) The following paragraphs shall be added to regulation 12 of the Public Works Regulations (the restricted procedure)—

“(16) Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables—

(a) each tender to contain all the information necessary for its evaluation;

(b) the confidentiality of tenders to be maintained pending their evaluation; and

(c) tenders to be opened only after the time limit for their submission has expired.

(17) Where a contracting authority has authorised another means of submission in accordance with paragraph (16) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible after the submission of the tender by another means.”.

(10) Regulation 22 of the Public Works Regulations (information about contract award procedures) shall be replaced by—

“ Information about contract award procedures

22.— (1) Where a contracting authority decides either to abandon or to recommence an award procedure in respect of which a contract notice has been published it shall inform the Office for Official Publications of the European Communities M19 and shall inform promptly any contractor who submitted an offer or who applied to be included amongst the persons to be selected to tender for or to negotiate the contract of the reasons for its decision and shall do so in writing if so requested.

(2) Subject to paragraph (3) below, a contracting authority shall, within 15 days of the date on which it receives a request in writing from any contractor who was unsuccessful (whether pursuant to regulation 11(7), 12(4), 12(5), 13(7), 13(8) or 20), inform that contractor of the reasons why he was unsuccessful and, if the contractor submitted an admissible tender, the contracting authority shall inform him of the characteristics and relative advantages of the successful tender as well as the name of the person awarded the contract.

(3) A contracting authority may withhold any information to be provided in accordance with paragraph (2) above where the disclosure of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any person or might prejudice fair competition between contractors.

(4) A contracting authority shall prepare a record in relation to each public works contract awarded by it specifying—

(a) the name and address of the contracting authority;

(b) the work or works to be carried out under the contract and the value of the consideration to be given under it;

(c) the names of the persons whose offers were evaluated in accordance with regulation 20 and, where the contracting authority has used the restricted or negotiated procedure, the reasons why those persons were selected;

(d) the names of the persons who were unsuccessful pursuant to regulation 11(7), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were unsuccessful;

(e) the name of the person to whom the public works contract was awarded and the reasons for having awarded the contract to him;

(f) if known to the contracting authority, the works under the contract which the person to whom the contract has been awarded intends to sub-contract to another person; and

(g) in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.

(5) If the Commission requests a report containing the information specified in paragraph (4) above, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission.”.

(11) Regulation 28 of the Public Works Regulations (statistical and other reports) shall be replaced by—

“ Statistical and other reports

28.— (1) A contracting authority shall, no later than 31st July in each year, send to the Treasury a report specifying, in relation to each public works contract awarded by it during the reporting period—

(a) the value (estimated if necessary) of the consideration payable under the contract;

(b) whether the open, restricted or negotiated procedure was used;

(c) if the negotiated procedure was used, pursuant to which provision of regulation 10(2) that procedure was used;

(d) the principal category of work carried out or to be carried out under the contract according to the nomenclature used in Schedule 1; and

(e) the nationality of the person to whom the contract was awarded.

(2) Entities specified in Schedule 1 to the Public Supply Contracts Regulations 1995 M20 or any body which is a successor to such an entity and which is a contracting authority shall include in the report referred to in paragraph (1) above the aggregate value (estimated if necessary) of all public works contracts awarded by it during the reporting period which were below the relevant threshold specified in regulation 7.

(3) A contracting authority shall send to the Treasury a report containing such other information as the Treasury may from time to time require in respect of a particular public works contract (including public works contracts excluded from the application of these Regulations by regulations 6 and 7) for the purposes of informing the Commission.

(4) In this regulation “the reporting period" means the year preceding the year in which the report referred to in paragraph (1) above is to be made.”.

(12) Regulation 31 of the Public Works Regulations (enforcement of obligations relating to a public works contract) shall be amended—

(a) by inserting the following paragraphs after paragraph (1)—

“(1A) The duty owed to a contractor pursuant to paragraph (1) above, except in relation to regulations 23, 25 and 26 (1) and(2), shall be a duty owed also to a GPA provider.

(1B) References to a “contractor" in paragraphs (3), (5) and (6) below shall be construed as including a reference to a GPA provider.”;

(b) by inserting the following words after the words “pursuant to paragraph (1)" in paragraphs (3), (5), (6) and (7),—

“or paragraph (1A)”;

and

(c) by adding the following paragraph—

“(9) In this regulation—

(a) a “GPA provider" shall mean a person from a GPA State who sought, or who seeks, or would have wished, to be the person to whom the contract is awarded;

(b) a “GPA State" shall mean any country other than a relevant State which, at the relevant time is a signatory to the GPA and has agreed with the European Community that the GPA shall apply to a contract of the type to be awarded M21 ; and

(c) “relevant time" shall mean the date on which the contracting authority would have sent a contract notice in respect of the contract to the Official Journal if it had been required by these Regulations to do so.”.

(13) Schedule 1 to these Regulations (which substitutes a new Schedule 2 to the Public Works Regulations) shall have effect.

(14) Schedule 2 to these Regulations (which adds Schedule 3 to the Public Works Regulations) shall have effect.

Marginal Citations

M7 Cm 2575. As at 1st January 2000, parties to the Government Procurement Agreement other than relevant States were Aruba, Canada, Hong Kong Special Administrative Region, Israel, Japan, Republic of Korea, Singapore, Switzerland and the United States of America.

M8 1947 c. 41.

M9 1996 c. 16.

M10 1967 c. 77.

M11 1985 c. 51.

M12 1995 c. 25.

M13 Created by section 1 of the Metropolitan Police (Receiver) Act 1861 c. 124.

M14 S.I. 1995/201 which is amended by S.I. 1996/2911, S.I. 1999/1042, S.I. 1999/1820 and section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.

M15 1973 c. 65; section 253(1), as substituted by section 180(1) of, and paragraph 92(66)(c) of Schedule 13 to, the Local Government etc (Scotland) Act 1994 c. 39, now provides that a local authority means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 c. 39.

M16 1972 c. 9 (N.I.).

M17 OJ L 199, 9.8.1993, p. 54.

M18 The rates are determined every two years in principle and published in the Official Journal. The calculation is based upon the average of the daily exchange rates between special drawing rights and the euro and between the euro and sterling over a period of 24 months preceding the determination.

M19 The address for the Office for Official Publications of the European Communities is 2 Rue Mercier, L-2985, Luxembourg (tel: 29 291; telex: 1324 PUBOF LU; fax: [phone] 623/ 29 29 44 619).

M20 S.I. 1995/201; relevant amending instruments are S.I. 1999/1042, S.I. 1999/1820 and section 1 of the Employment Rights (Dispute Resolution) Act 1998 c. 8.

M21 Information on the detailed application of the GPA under bilateral agreements between the EU and other signatories is maintined in the annexes and general notes in Appendix I to the GPA. Access to this information is available through the WTO website at www.wto.org.

Amendment of the Public Services Regulations U.K.

4.—(1) Regulation 2 of the Public Services Regulations (interpretation) shall be amended—

(a) in regulation 2(1),

(i) by inserting the following definitions—

““Government Procurement Agreement" means the Agreement on Government Procurement between certain parties to the World Trade Organisation (WTO) Agreement signed in Marrakesh on 15 April 1994 M22 ;

“GPA" means the Government Procurement Agreement,

“Schedule 3 entity" means an entity specified in Schedule 3 pursuant to its inclusion in the list of central government bodies in Annex I of the GPA, and for which these Regulations make particular provision;”;

(ii) by omitting the definition of “ECU";

(iii) by substituting the following definition for the definition of “relevant State"—

““relevant State" means a member State or a State for the time being specified in Schedule 4 to these Regulations;”;

(b) by omitting regulation 2(3).

(2) Regulation 3 of the Public Services Regulations (contracting authorities) shall be replaced by—

“ Contracting authorities

3.— (1) For the purposes of these Regulations each of the following is a “contracting authority"—

(a) a Minister of the Crown,

(b) a government department,

(c) the House of Commons,

(d) the House of Lords,

(e) the Northern Ireland Assembly Commission,

(f) the Scottish Parliamentary Body Corporate,

(g) the National Assembly for Wales,

(h) a local authority,

(i) a fire authority constituted by a combination scheme under the Fire Services Act 1947 M23 ,

(j) the Fire Authority for Northern Ireland,

(k) a police authority established under section 3 of the Police Act 1996 M24 ,

(l) a police authority established under section 2 of the Police (Scotland) Act 1967 M25 ,

(m) the Police Authority for Northern Ireland,

(n )an authority established under section 10 of the Local Government Act 1985M26 ,

(o) a joint authority established by Part IV of that Act,

(p) any body established pursuant to an order under section 67 of that Act,

(q) the Broads Authority,

(r) any joint board the constituent members of which consist of any of the bodies specified in paragraphs (h), (i), (k), (l), (n), (o), (p) and (q), above,

(s) a National Park authority established by an Order under section 63 of the Environment Act 1995 M27 ,

(t) the Receiver for the Metropolitan Police District M28 ,

(u) a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and—

(i) financed wholly or mainly by another contracting authority, or

(ii) subject to management supervision by another contracting authority, or

(iii) more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,

(v) an association of or formed by one or more of the above, and

(w) to the extent not specified in sub-paragraphs (a) to (t) above, an entity specified in Schedule 3.

(2) In the application of these Regulations to England, “local authority" in paragraph (1) above means—

(a) a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;

(b) the Common Council of the City of London in its capacity as local authority or police authority.

(3) In the application of these Regulations to Wales, “local authority" in paragraph (1) above means a county council, county borough council or community council.

(4) In the application of these Regulations to Scotland, “local authority" in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 M29 and also includes joint board or joint committee within the meaning of section 235(1).

(5) In the application of these Regulations to Northern Ireland, “local authority" in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M30 .

(6) Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.”.

(3) Regulation 4(1)(b) of the Public Services Regulations (service providers) shall be replaced by—

“(b) who is a national of and established in a relevant State.”.

(4) Regulation 7(1) of the Public Services Regulations (thresholds) shall be replaced by—

“(1) These Regulations shall not apply to the seeking of offers in relation to a proposed public services contract where the estimated value of the contract (net of value added tax) at the relevant time is less than the relevant threshold, which, in relation to a Part A services contract, other than

(a) a subsidised services contract under regulation 25,

(b) a contract for research and development services specified in category 8 of Schedule 1, or

(c) a contract for telecommunication services specified under CPC M31 references 7524, 7525 and 7526 within category 5 of Schedule 1, Part A,

shall be—

(i) in the case of offers sought by Schedule 3 entities the euro equivalent of 130,000 special drawing rights; and

(ii) in the case of offers sought by any other contracting authority the euro equivalent of 200,000 special drawing rights;

and in relation to any other public services contract shall be 200,000 euro.”.

(5) In regulation 7 of the Public Services Regulations (thresholds) the following paragraph shall be inserted—

“(1A) The value in pounds sterling of any amount expressed in these Regulations in euro or in the euro equivalent of special drawing rights shall be calculated by reference to the rate for the time being applying for the purposes of Council Directive 92/50/EEC M32 as published from time to time in the Official Journal M33 .”.

(6) Regulation 11(4) of the Public Services Regulations (the open procedure) shall be replaced by—

“(4) Where—

(a) the contracting authority has published a prior information notice in accordance with regulation 9 above;

(b) the prior information notice contained as much of the information referred to in Part B of Schedule 2 as was available at the time of publication; and

(c) the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 11(2) is despatched—

the contracting authority may substitute for the period of not less than 52 days specified in paragraph (3) above, a shorter period of generally no less than 36 days and in any event no less than 22 days, provided in each case that the period is sufficient to allow for effective tendering.”.

(7) The following paragraphs shall be added to regulation 11 of the Public Services Regulations (the open procedure)—

“(9) Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables—

(a) each tender to contain all the information necessary for its evaluation;

(b) the confidentiality of tenders to be maintained pending their evaluation; and

(c) tenders to be opened only after the time limit for their submission has expired.

(10) Where a contracting authority has authorised another means of submission in accordance with paragraph (9) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible after the submission of the tender by another means.”.

(8) Regulation 12(12) of the Public Services Regulations (the restricted procedure) shall be replaced by—

“(12) Subject to paragraph (15) below, where—

(a) the contracting authority has published a prior information notice in accordance with regulation 9 above;

(b) the prior information notice contained as much of the information referred to in Part C (or, if appropriate, Part D) of Schedule 2 as was available at the time of publication; and

(c) the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 12(2) is despatched;

the contracting authority may substitute for the period of not less than 40 days in paragraph (11) above, a period of not less than 26 days.”.

(9) The following paragraphs shall be added to regulation 12 of the Public Services Regulations (the restricted procedure)—

“(17) Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables—

(a) each tender to contain all the information necessary for its evaluation;

(b) the confidentiality of tenders to be maintained pending their evaluation; and

(c) tenders to be opened only after the time limit for their submission has expired.

(18) Where a contracting authority has authorised another means of submission in accordance with paragraph (17) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible after the submission of the tender by another means.”.

(10) Regulation 23 of the Public Services Regulations (information about contract award procedures) shall be replaced by—

“ Information about contract award procedures

23.— (1) Where a contracting authority decides either to abandon or to recommence an award procedure in respect of which a contract notice has been published it shall inform the Office for Official Publications of the European Communities M34 and shall inform promptly any service provider who submitted an offer or who applied to be included amongst the persons to be selected to tender for or to negotiate the contract of the reasons for its decision and shall do so in writing if so requested.

(2) Subject to paragraph (3) below, a contracting authority shall, within 15 days of the date on which it receives a request in writing from any service provider who was unsuccessful (whether pursuant to regulation 11(8), 12(4), 12(5), 13(7), 13(8) or 21), inform that service provider of the reasons why he was unsuccessful and, if the service provider submitted an admissible tender, the contracting authority shall inform him of the characteristics and relative advantages of the successful tender as well as the name of the person awarded the contract.

(3) A contracting authority may withhold any information to be provided in accordance with paragraph (2) above where the disclosure of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any person or might prejudice fair competition between service providers.

(4) A contracting authority shall prepare a record in relation to each public services contract awarded by it specifying—

(a) the name and address of the contracting authority;

(b) the services to be provided under the contract and the value of the consideration to be given under it;

(c) the names of the persons whose offers were evaluated in accordance with regulation 21 and, where the contracting authority has used the restricted or negotiated procedure, the reasons why those persons were selected;

(d) the names of the persons who were unsuccessful pursuant to regulation 11(8), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were unsuccessful;

(e) the name of the person to whom the contract was awarded and the reasons for having awarded the contract to him;

(f) if known to the contracting authority, the services under the contract which the person to whom the contract has been awarded intends to sub-contract to another person; and

(g) in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.

(5) If the Commission requests a report containing the information specified in paragraph (4) above, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission.”.

(11) Regulation 24(1) (design contests) shall be replaced by—

“(1) This regulation shall apply to a design contest if it is organised as part of a procedure intended to lead to the award of a public services contract whose estimated value (net of value added tax) is not less than the relevant threshold, which, in relation to a Part A services contract other than—

(a) a contract for research and development specified in category 8 of Schedule 1, Part A; or

(b) a contract for telecommunications services specified under CPC M35 references 7524, 7525 and 7526 within category 5 of Schedule 1, Part A,

shall be—

(i) in the case of offers sought by Schedule 3 entities the euro equivalent of 130,000 special drawing rights;

(ii) in the case of offers sought by any other contracting authority the euro equivalent of 200,000 special drawing rights;

and in relation to any other public services contract shall be 200,000 euro.

(1A) This regulation shall apply to a design contest whether or not it is organised as part of a procedure leading to the award of a public services contract, if the aggregate value of the prizes or payments for the contest is not less than 200,000 euro.”.

(12) Regulation 27 of the Public Services Regulations (statistical and other reports) shall be replaced by—

“ Statistical and other reports

27.— (1) A contracting authority shall, no later than 31st July in each year, send to the Treasury a report specifying, in relation to each public services contract awarded by it during the reporting period—

(a) the value (estimated if necessary) of the consideration payable under the contract;

(b) whether the open, restricted or negotiated procedure was used;

(c) if the negotiated procedure was used, pursuant to which provision of regulation 10(2) that procedure was used;

(d) the principal category of service carried out or to be carried out under the contract according to the nomenclature used in Schedule 1; and

(e) the nationality of the person to whom the contract was awarded.

(2) A Schedule 3 entity shall include in the report referred to in paragraph (1) above the aggregate value (estimated if necessary) of all public services contracts awarded by it during the reporting period which were below the relevant threshold specified in regulation 7.

(3) A contracting authority shall send to the Treasury a report containing such other information as the Treasury may from time to time require in respect of a particular public services contract (including public services contracts excluded from the application of these Regulations by regulations 6 and 7) for the purposes of informing the Commission.

(4) In this regulation “the reporting period" means the year preceding the year in which the report referred to in paragraph (1) above is to be made.”.

(13) Regulation 32 of the Public Services Regulations (enforcement of obligations relating to a public services contract) shall be amended—

(a) by inserting the following paragraphs after paragraph (1)—

“(1A) The duty owed to a service provider pursuant to paragraph (1) above, except in relation to—

(a) regulation 25;

(b) a Part B services contract; and

(c) a contract for the services referred to in paragraphs (a) to (c) of regulation 7(1) above,

shall be a duty owed also to a GPA provider.

(1B) References to a “service provider" in paragraphs (2), (4) and (5) below shall be construed as including a reference to a GPA provider.”;

(b) by inserting the following words after the words “pursuant to paragraph (1)" in paragraphs (2), (4), (5) and (6)— “or paragraph (1A)"; and

(c) by adding the following paragraph—

“(8) In this regulation—

(a) a “GPA provider" shall mean a person from a GPA State who sought, or who seeks, or would have wished, to be the person to whom the contract is awarded;

(b) a “GPA State" shall mean any country other than a relevant State which, at the relevant time is a signatory to the GPA and has agreed with the European Community that the GPA shall apply to a contract of the type to be awarded M36 ; and

(c) “relevant time" shall mean the date on which the contracting authority would have sent a contract notice in respect of the contract to the Official Journal if it had been required by these Regulations to do so.”

(14) Schedule 3 to these Regulations (which substitutes a new Schedule 2 to the Public Services Regulations) shall have effect.

(15) Schedules 4 and 5 to these Regulations (which add Schedules 3 and 4 to the Public Services Regulations ) shall have effect.

Marginal Citations

M22 Cm 2575. As at 1st January 2000, parties to the Government Procurement Agreement other than relevant States were Aruba, Canada, Hong Kong Special Administrative Region, Israel, Japan, Republic of Korea, Singapore, Switzerland and the United States of America.

M23 1947 c. 41.

M24 1996 c. 16.

M25 1967 c. 77.

M26 1985 c. 51.

M27 1995 c. 25.

M28 Created by section 1 of the Metropolitan Police (Receiver) Act 1861 c. 124.

M29 1973 c. 65; section 253(1), as substituted by section 180(1) of, and paragraph 92(66)(c) of Schedule 13 to, the Local Government etc (Scotland) Act 1994 c. 39, now provides that a local authority means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 c. 39.

M30 1972 c. 9 (N.I.).

M31 CPC stands for the Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

M32 OJ L 20, 24.7.1992, p.1.

M33 The rates are determined every two years in principle and published in the Official Journal. The calculation is based upon the average of the daily exchange rates between special drawing rights and the euro and between the euro and sterling over a period of 24 months preceding the determination.

M34 The address for the Office for Official Publications of the European Communities is 2 Rue Mercier, L-2985, Luxembourg (tel: 29 291; telex: 1324 PUBOF LU; fax: [phone] 623/ 29 29 44 619).

M35 CPC stands for the Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

M36 Information on the detailed application of the GPA under bilateral agreements between the EU and other signatories is maintained in the annexes and general notes in Appendix I to the GPA. Access to this information is available through the WTO website at www.wto.org.

Amendment of the Public Supply Regulations U.K.

5.—(1) Regulation 2 of the Public Supply Regulations (interpretation) shall be amended—

(a) in regulation 2(1),

(i) by inserting the following definitions—

““Government Procurement Agreement" means the Agreement on Government Procurement between certain parties to the World Trade Organisation (WTO) Agreement signed in Marrakesh on 15 April 1994 M37 ,

“GPA" means the Government Procurement Agreement;

“Schedule 1 entity" means an entity specified in Schedule 1 pursuant to its inclusion in the list of central government bodies in Annex I of the GPA, and for which these Regulations make particular provisions;”;

(ii) by omitting the definition of “ECU";

(iii) by substituting the following definition for the definition of “relevant State"—

““relevant State" means a member State or a State for the time being specified in Schedule 4 to these Regulations;”;

(iv) by omitting the definition of a “GATT contracting authority";

(b) by omitting regulation 2(2).

(2) Regulation 3 of the Public Supply Regulations (contracting authorities) shall be replaced by—

“ Contracting Authorities

3.— (1) For the purposes of these Regulations each of the following is a “contracting authority"—

(a) a Minister of the Crown,

(b) a government department,

(c) the House of Commons,

(d) the House of Lords,

(e) the Northern Ireland Assembly Commission,

(f) the Scottish Parliamentary Body Corporate,

(g) the National Assembly for Wales,

(h) a local authority,

(i) a fire authority constituted by a combination scheme under the Fire Services Act 1947 M38 ,

(j) the Fire Authority for Northern Ireland,

(k) a police authority established under section 3 of the Police Act 1996 M39 ,

(l) a police authority established under section 2 of the Police (Scotland) Act 1967 M40 ,

(m) the Police Authority for Northern Ireland,

(n) an authority established under section 10 of the Local Government Act 1985 M41 ,

(o) a joint authority established by Part IV of that Act,

(p) any body established pursuant to an order under section 67 of that Act,

(q) the Broads Authority,

(r) any joint board the constituent members of which consist of any of the bodies specified in paragraphs (f), (g), (i), (k), (l), (m) and (n), above,

(s) a National Park authority established by an Order under section 63 of the Environment Act 1995 M42 ,

(t) the Receiver for the Metropolitan Police District M43 ,

(u) a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and—

(i) financed wholly or mainly by another contracting authority, or

(ii) subject to management supervision by another contracting authority, or

(iii) more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,

(v) an association of or formed by one or more of the above, and

(w) to the extent not specified in sub-paragraphs (a) to (q) above, an entity specified in Schedule 1.

(2) In the application of the Regulations to England, “local authority" in paragraph (1) above means—

(a) a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;

(b) the Common Council of the City of London in its capacity as local authority or police authority.

(3) In the application of these Regulations to Wales, “local authority" in paragraph (1) above means a county council, county borough council or community council.

(4) In the application of these Regulations to Scotland, “local authority" in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 M44 and also includes joint board or joint committee within the meaning of section 235(1).

(5) In the application of these Regulations to Northern Ireland, “local authority" in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 M45 .

(6) Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.”

(3) Regulation 4(1)(b) of the Public Supply Regulations (suppliers) shall be replaced by—

“(b) who is a national of and established in a relevant State.”

(4) Regulation 7(2) of the Public Supply Regulations (thresholds) shall be replaced by

“(2) The relevant threshold for the purposes of paragraph (1) above—

(a) is the euro equivalent of 130,000 special drawing rights where a Schedule 1 entity seeks offers for a public supply contract, but in the case of such a contract in relation to which offers are sought by the Secretary of State for Defence, only if it is for the purchase or hire of goods specified in Schedule 2; and

(b) is the euro equivalent of 200,000 special drawing rights in relation to all other public supply contracts.”

(5) In regulation 7 of the Public Supply Regulations (thresholds) the following paragraph shall be inserted after paragraph (2)—

“(2A) The value in pounds sterling of any amount expressed in these Regulations in euro or in the euro equivalent of special drawing rights shall be calculated by reference to the rate for the time being applying for the purposes of Council Directive 93/36/EEC M46 as published from time to time in the Official Journal M47 .”

(6) Regulation 11 of the Public Supply Regulations (the open procedure) shall be amended as follows—

(a) Regulation 11(3) shall be replaced by‐

“(3) Subject to paragraphs (3A) and (6) below, the date which the contracting authority shall fix as the last date for the receipt by it of tenders made in response to the contract notice shall be specified in the notice and shall be not less than 52 days from the date of despatch of the notice;”.

(b) The following paragraph shall be inserted after paragraph 3—

“(3A) Where—

(a) the contracting authority has published a prior information notice in accordance with regulation 9 above;

(b) the prior information notice contained as much of the information referred to in Part B of Schedule 3 as was available at the time of publication; and

(c) the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 11(2) is despatched,

the contracting authority may substitute for the period of not less than 52 days specified in paragraph (3) above a shorter period of generally no less than 36 days and in any event no less than 22 days, provided in each case that the period is sufficient to allow for effective tendering.”.

(7) The following paragraph shall be added to regulation 11 of the Public Supply Regulations (the open procedure)—

“(8) Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables—

(a) each tender to contain all the information necessary for its evaluation;

(b) the confidentiality of tenders to be maintained pending their evaluation; and

(c) tenders to be opened only after the time limit for their submission has expired;

(9) Where a contracting authority has authorised another means of submission in accordance with paragraph (8) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible thereafter.”

(8) Regulation 12 of the Public Supply Regulations (the restricted procedure) shall be amended as follows—

(a) Regulation 12(11) shall be replaced by—

“(11) Subject to paragraphs (11A) and (14) below, the date which the contracting authority shall fix as the last date for the receipt by it of tenders made in response to the invitation to tender which shall be specified in the invitation to tender in accordance with paragraph 10(b) above shall be not less than 40 days from the despatch of the invitation.”;

(b) The following paragraph shall be inserted after paragraph (11)—

“(11A) Where—

(a) the contracting authority has published a prior information notice in accordance with regulation 9 above;

(b) the prior information notice contained as much of the information referred to in Part B of Schedule 3 as was available at the time of publication; and

(c) the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 12(2) is despatched,

the contracting authority may substitute for the period of not less than 40 days specified in paragraph (11) above, a period of no less than 26 days.”.

(9) The following paragraph shall be added to regulation 12 of the Public Supplies Regulations (the restricted procedure)—

“(16) Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables—

(a) each tender to contain all the information necessary for its evaluation;

(b) the confidentiality of tenders to be maintained pending their evaluation; and

(c) tenders to be opened only after the time limit for their submission has expired.

(17) Where a contracting authority has authorised another means of submission in accordance with paragraph (16) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible thereafter.”.

(10) Regulation 23 of the Public Supply Regulations (information about contract award procedures) shall be replaced by—

“ Information about contract award procedures

23.— (1) Where a contracting authority decides either to abandon or to recommence an award procedure in respect of which a contract notice has been published it shall inform the Office for Official Publications of the European Communities M48 and shall inform promptly any supplier who submitted an offer or who applied to be included amongst the persons to be selected to tender for or negotiate the contract of the reasons for its decision and shall do so in writing if so requested.

(2) Subject to paragraph (3) below, a contracting authority shall, within 15 days of the date on which it receives a request in writing from any supplier who was unsuccessful (whether pursuant to regulation 11(7), 12(4), 12(5), 13(7), 13(8) or 21), inform that supplier of the reasons why he was unsuccessful and, if the supplier submitted an admissible tender, the contracting authority shall inform him of the characteristics and relative advantages of the successful tender as well as the name of the person awarded the contract.

(3) A contracting authority may withhold any information to be provided in accordance with paragraph (2) above where the disclosure of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any person or might prejudice fair competition between suppliers.

(4) A contracting authority shall prepare a record in relation to each public supply contract awarded by it specifying—

(a) the name and address of the contracting authority;

(b) the type of goods purchased or hired or to be purchased or hired under the contract and the value of the consideration to be given under it;

(c) the names of the persons whose offers were evaluated in accordance with regulation 21 and, where the contracting authority has used the restricted or negotiated procedure, the reasons why those persons were selected;

(d) the names of the persons who were unsuccessful pursuant to regulation 11(7), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were unsuccessful;

(e) the name of the person to whom the public supply contract was awarded and the reasons for having awarded the contract to him;

(f) if known to the contracting authority, which parts of the contract the person to whom the contract has been awarded intends to sub-contract to another person; and

(g) in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.

(5) If the Commission requests a report containing the information specified in paragraph (4) above, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission”.

(11) Regulation 24 of the Public Supply Regulations (public service bodies) shall be amended by substituting “Schedule 1 entity" for “GATT contracting authority".

(12) Regulation 25 of the Public Supply Regulations (statistical and other reports) shall be replaced by—

“ Statistical and other reports

25.— (1) A contracting authority shall, no later than 31st July in each year, send to the Treasury a report specifying, in relation to each public supply contract awarded by it during the reporting period—

(a) the value (estimated if necessary) of the consideration payable under the contract;

(b) whether the open, restricted or negotiated procedure was used;

(c) if the negotiated procedure was used, pursuant to which provision of regulation 10(2) that procedure was used;

(d) the type of goods purchased or hired or to be purchased or hired under the contract; and

(e) the nationality of the person to whom the contract was awarded.

(2) A Schedule 1 entity shall include in the report referred to in paragraph (1) above the aggregate value (estimated if necessary) of all public supply contracts awarded by it during the reporting period which were below the relevant threshold specified in regulation 7.

(3) A contracting authority shall send to the Treasury a report containing such other information as the Treasury may from time to time require in respect of a particular public supply contract (including public supply contracts excluded from the application of these Regulations by regulations 6 and 7) for the purposes of informing the Commission.

(4) In this regulation “the reporting period" means the year preceding the year in which the reports referred to in paragraph (1) are to be made.”

(13) In regulation 29 of the Public Supply Regulations (enforcement of obligations relating to a public supply contract) shall be amended—

(a) by inserting the following paragraphs after paragraph (1)—

“(1A) The duty owed to a supplier pursuant to paragraph (1) above shall be a duty owed also to a GPA provider, but such a duty to a GPA provider shall only be owed by the Secretary of State for Defence in relation to public supply contracts for the purchase or hire of goods specified in Schedule 2.

(1B) References to a “supplier" in paragraphs (2), (4) and (5) below shall be construed as including a reference to a GPA provider.”;

(b) by inserting the following words after the words “pursuant to paragraph (1)" in paragraphs (2), (4), (5) and (6)— “or paragraph (1A)"; and

(c) by adding the following paragraph—

“(8) In this regulation—

(a) a “GPA provider" shall mean a person from a GPA State who sought, or who seeks, or would have wished, to be the person to whom the contract is awarded;

(b) a “GPA State" shall mean any country other than a relevant State which, at the relevant time is a signatory to the GPA and has agreed with the European Community that the GPA shall apply to a contract of the type to be awarded M49 ; and

(c) “relevant time" shall mean the date on which the contracting authority would have sent a contract notice in respect of the contract to the Official Journal if it had been required by these Regulations to do so.”

(14) Schedule 6 to these Regulations (which substitutes a new Schedule 1 to the Public Supply Regulations) shall have effect.

(15) Schedule 7 to these Regulations (which substitutes a new Schedule 3 to the Public Supply Regulations) shall have effect.

(16) Schedule 8 to these Regulations (which adds Schedule 4 to the Public Supply Regulations ) shall have effect.

Marginal Citations

M37 Cm 2575. As at 1st January 2000, parties to the Government Procurement Agreement other than relevant States were Aruba, Canada, Hong Kong Special Administrative Region, Israel, Japan, Republic of Korea, Singapore, Switzerland and the United States of America.

M38 1947 c. 41.

M39 1996 c. 16.

M40 1967 c. 77.

M41 1985 c. 51.

M42 1995 c. 25.

M43 Created by section 1 of the Metropolitan Police (Receiver) Act 1861 c. 124.

M44 1973 c. 65; section 253(1), as substituted by section 180(1) of, and paragraph 92(66)(c) of Schedule 13 to, the Local Government etc (Scotland) Act 1994 (c. 39), now provides that a local authority means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 (c. 39).

M45 1972 c. 9 (N.I.).

M46 OJ L 199, 9.8.1993, p. 1.

M47 The rates are determined every two years in principle and published in the Official Journal. The calculation is based upon the average of the daily exchange rates between special drawing rights and the euro and between the euro and sterling over a period of 24 months preceding the determination.

M48 The address for the Office for Official Publications of the European Communities is 2 Rue Mercier, L-2985, Luxembourg (tel: 29 291; telex: 1324 PUBOF LU; fax: [phone] 623/ 29 29 44 619).

M49 Information on the detailed application of the GPA under bilateral agreements between the EU and other signatories is maintined in the annexes and general notes in Appendix I to the GPA. Access to this information is available through the WTO website at www.wto.org.

Bob Ainsworth

David Jamieson

Two of the Lords Commissioners of Her Majesty’s Treasury

25th July 2000

Regulation 3(13)

SCHEDULE 1 U.K.

Schedule 2 to the Public Works Regulations shall be replaced by—

Regulations 9, 11(2),(8) 12(2),(16), 13(2), 25(2), 26(3)

“SCHEDULE 2 U.K. FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A U.K. PRIOR INFORMATION NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) The site;

(b) Nature and extent of the work(s) to be provided and, where relevant, the main characteristics of any lots by reference to the work;

(c) If available, an estimate of the cost range of the proposed work(s).

3.— (a) Estimated date for initiating the award procedures in respect of the contract or contracts;

(b) If known, estimated date for the start of the work;

(c) If known, estimated timetable for completion of the work.

4.   If known, terms of financing of the work and of price revision and/or references to the relevant provisions.

5.   Other information.

6.   Date of despatch of the notice.

7.   Indication of whether the procurement is covered by the GPA.

PART B U.K. OPEN PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) Award procedure chosen.

(b) Nature of the contract for which tenders are being requested.

3.— (a) The site;

(b) Nature and extent of the work(s) to be provided and general nature of the work; including any options for further works and if known, an estimate of the timing when such options may be exercised;

(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots;

(d) Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.   Time limit for completion of the works or duration of the works contract and, as far as possible, time limit for starting the works.

5.— (a) Name and address from which the contract documents and additional documents may be requested;

(b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents.

6.— (a) Final date for receipt of tenders;

(b) Address to which tenders must be sent;

(c) Language(s) in which tenders must be drawn up.

7.— (a) Where applicable, the persons authorized to be present at the opening of tenders;

(b) Date, hour and place of opening of tenders.

8.   Any deposit and guarantees required.

9.   Main terms concerning financing and payment and/or references to the relevant provisions.

10.   Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is awarded.

11.   Information concerning the contractor’s personal position and minimum standards of economic and financial standing and technical capacity required of him.

12.   Period during which the tenderer is bound to keep open his tender.

13.   Criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned where they do not appear in the contract documents.

14.   Where applicable, prohibition on variants.

15.   Other information.

16.   Date of publication of the prior information notice in the Official Journal or references to its non-publication.

17.   Date of despatch of the notice.

18.   Indication of whether the procurement is covered by the GPA.

PART C U.K. RESTRICTED PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) Award procedure chosen;

(b) Where applicable, justification for the use of shorter time limits M50 ;

(c) Nature of the contract for which tenders are being requested.

3.— (a) The site;

(b) Nature and extent of the work(s) to be provided and general nature of the work; including any options for further works and if known, an estimate of the timing when such options may be exercised;

(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots;

(d) Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.   Time limit for completion of the works or duration of the works contract and, as far as possible, time limit for starting the works.

5.   Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is awarded.

6.— (a) Final date for receipt of requests to participate;

(b) Address to which requests must be sent;

(c) Language(s) in which requests must be drawn up.

7.   Final date for despatch of invitations to tender.

8.   Any deposit and guarantees required.

9.   Main terms concerning financing and payment and/or references to the relevant provisions.

10.   Information concerning the contractor’s personal position and minimum standards of economic and financial standing and technical capacity required of him.

11.   Criteria for the award of the contract where they are not mentioned in the invitation to tender.

12.   Where applicable, prohibition on variants.

13.   Other information.

14.   Date of publication of the prior information notice in the Official Journal or references to its non-publication.

15.   Date of despatch of the notice.

16.   Indication of whether the procurement is covered by the GPA.

PART D U.K. NEGOTIATED PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) Award procedure chosen;

(b) Where applicable, justification for the use of shorter time limits M51 ;

(c) Nature of the contract for which tenders are being requested.

3.— (a) The site;

(b) Nature and extent of the work(s) to be provided and general nature of the work; including any options for further works and, if known, an estimate of the timing when such options may be exercised;

(c) If the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots;

(d) Information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.   Time limit for completion of the works or duration of the works contract and, as far as possible, time limit for starting the works.

5.   Where applicable, the legal form to be taken by the grouping of contractors to whom the contract is awarded.

6.— (a) Final date for receipt of requests to participate;

(b) Address to which they must be sent;

(c) Language(s) in which they must be drawn up.

7.   Any deposit and guarantees required.

8.   Main terms concerning financing and payment and/or the relevant provisions.

9.   Information concerning the contractor’s personal position and information and formalities necessary in order to evaluate the minimum standards of economic and financial standing and technical capacity required of him.

10.   Where applicable, prohibition on variants.

11.   Where applicable, name and address of contractors already selected by the awarding authority.

12.   Date(s) of previous publications in the Official Journal.

13.   Other information.

14.   Date of publication of the prior information notice in the Official Journal.

15.   Date of despatch of the notice.

16.   Indication of whether the procurement is covered by the GPA.

PART E U.K. CONTRACT AWARD NOTICE

1.   Name and address of the contracting authority.

2.— (a) Award procedure chosen;

(b) Where appropriate, justification for use of the negotiated procedure without a prior call for competition M52 .

3.   Date of award of contract.

4.   Criteria for award of contract.

5.   Number of offers received.

6.   Name and address of successful contractor(s).

7.   Nature and extent/quantity of the works provided, general characteristics of the finished structure.

8.   Price or range of prices (minimum/maximum) paid or to be paid.

9.   Value of winning award(s) or the highest and lowest offer taken into account in the award of the contract.

10.   Where appropriate, value and proportion of contract likely to be subcontracted to third parties.

11.   Other information.

12.   Date of publication of the contract notice in the Official Journal.

13.   Date of despatch of the notice.

PART F U.K. PUBLIC WORKS CONCESSION CONTRACT NOTICE

1.   The name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) The site;

(b) The subject of the concession and extent of the services to be provided.

3.— (a) Final date for receipt of candidatures;

(b) The address to which they must be sent;

(c) The language(s) in which they must be drawn up.

4.   Personal, technical and financial conditions to be fulfilled by the candidates.

5.   The criteria for the award of the contract.

6.   Where applicable, the minimum percentage of the works contracts awarded to third parties.

7.   Other information.

8.   Date of despatch of the notice.

PART G U.K. NOTICE OF WORKS CONTRACTS AWARDED BY CONCESSIONAIRES

1.— (a) The site;

(b) The nature and extent of the service to be provided and the general nature of the work.

2.   Any time limit for completion of the works.

3.   Name and address from which the contract documents and additional documents may be requested.

4.— (a) The final date for receipt of requests to participate and/or receipt of tenders;

(b) The address to which they must be sent;

(c) The language(s) in which they must be drawn up.

5.   Any deposit and guarantees required.

6.   The minimum standards of economic and financial standing and technical capacity required of the contractor.

7.   The criteria for the award of the contract.

8.   Other information.

9.   Date of despatch of the notice.”

Marginal Citations

M50 In accordance with regulation 12.

M51 In accordance with regulation 13.

M52 In accordance with regulation 13(1).

Regulation 3(14)

SCHEDULE 2 U.K.

The following Schedule shall be added to the Public Works Regulations—

Regulations 2(1) and 4

“SCHEDULE 3 U.K. EXTENSION TO NON MEMBER STATES

{s001} Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183). {s002} 1993 c.51.”.
Relevant State	Agreement with the European Union which extend the provisions relating to the relevant State	Statutory provisions designating the agreements as European Treaties
1.Bulgaria	Europe Agreement (OJ No,. L358, 31.12.94, p.2)	S.I. 1994/758
2.The Czech Republic	Europe Agreement (OJ No. L360, 31.12.94, p.2)	S.I. 1994/759
3.Estonia	Europe Agreement (OJ No. L689.03.98, p. 3)	S.I. 1997/269
4.Hungary	Europe Agreement (OJ No. L347, 31.12.93, p.2)	S.I. 1992/2871
5.Iceland	European Economic Area Agreement {s001}	European Economic Area Act 1993 {s002} , section 1.
6.Latvia	Europe Agreement (OJ No. L26, 2.02.98, p.2)	S.I. 1997/270
7.Lichtenstein	European Economic Area Agreement {s001}	European Economic Area Act 1993 {s002} , section 1
8.Lithuania	Europe Agreement (OJ No. L5120.02.98 p.3)	S.I.1997/271
9.Norway	European Economic Area Agreement {s001}	European Economic Area Act 1993 {s002} , section 1.
10.Poland	Europe Agreement (OJ No. L348, 31.12.94, p.2)	S.I. 1992/2872
11.Romania	Europe Agreement (OJ No. L357, 31.12.94, p.2)	S.I. 1994/760
12.Slovakia	Europe Agreement (OJ No. L359, 31.12.94, p.2)	S.I. 1994/761
13.Slovenia	Europe Agreement (OJ No. L51, 26.02.99, p.3)	S.I. 1998/1062

Regulation 4(14)

SCHEDULE 3 U.K.

Schedule 2 to the Public Services Regulations shall be replaced by—

Regulations 9, 11(2),(9) 12(2),(17), 13(2), 22(1), 24(2),(10)

“SCHEDULE 2 U.K. FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A U.K. PRIOR INFORMATION NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority and of the office from which additional information may be obtained.

2.   For each category of services in Part A of Schedule 1, the intended total quantity or value to be provided.

3.   For each category of services in (2), the estimated date of the commencement of the procedures leading to the award of the contract(s) (if known).

4.   Other information.

5.   Date of despatch of the notice.

6.   Indication of whether the procurement is covered by the GPA.

PART B U.K. OPEN PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.   Category of service and description. CPC reference number M53 . Quantity or value including, where applicable, any options for further services and, if known, an estimate of the timing when such options may be exercised. In the case of regular or recurring contracts, if known, the expected dates of the subsequent calls for tender.

3.   Place of delivery.

4.— (a) Indication of whether the provision of the service is reserved by law, regulation or administrative provision to a particular profession;

(b) Reference to the law, regulation or administrative provision;

(c) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the provision of the services.

5.   Indication of whether service providers can tender for some or all of the services required.

6.   Where applicable, prohibition on variants.

7.   Time limits for completion of the service or duration of the service contract and, as far as possible, time limit for starting to provide the service.

8.— (a) Name and address of the office from which the contract and additional documents may be requested;

(b) Final date for making such requests;

(c) Where applicable, the amount and terms of payment of any sum payable for such documents.

9.— (a) Final date for receipt of tenders;

(b) Address to which they must be sent;

(c) Language(s) in which they must be drawn up.

10.— (a) Where applicable, persons authorised to be present at the opening of tenders;

(b) Date, time and place of such opening.

11.   Where applicable, any deposits and guarantees required.

12.   Main terms concerning financing and payment and/or references to the relevant provisions.

13.   Where applicable, the legal form to be taken by the grouping of service providers to whom the contract is awarded.

14.   Information concerning the service provider’s own position, and information and formalities necessary for an appraisal of the minimum standards of economic and financial standing, ability and technical capacity required of him.

15.   Period during which the tenderer is bound to keep open his tender.

16.   Criteria for the award of the contract and, if possible, their order of importance. Criteria other than the lowest price shall be mentioned if they do not appear in the contract documents.

17.   Other Information.

18.   Date(s) of publication of the prior information notice in the Official Journal or reference to its non-publication.

19.   Date of despatch of the notice.

20.   Indication of whether the procurement is covered by the GPA.

PART C U.K. RESTRICTED PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.   Category of service and description. CPC reference number M54 . Quantity or value including, where applicable, any options for further services and, if known, an estimate of the timing when such options may be exercised. In the case of regular or recurring contracts, if known, the estimated date(s) of the subsequent calls for tender.

3.   Place of delivery.

4.— (a) Indication of whether the provision of the service is reserved by law, regulation or administrative provision to a particular profession;

(b) Reference to the law, regulation or administrative provision;

(c) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the provision of the services.

5.   Indication of whether service providers can tender for some or all of the services.

6.   If known, number of service providers which will be invited to tender or the range within which that number is expected to fall.

7.   Where applicable, prohibition on variants.

8.   Time limits for completion of the service or duration of the service contract and, as far as possible, time limit for starting to provide the service.

9.   Where applicable, the legal form to be taken by the grouping of service providers to whom the contract is awarded.

10.— (a) Where applicable, justification for use of shorter time limits M55 ;

(b) Final date for receipt of requests to participate;

(c) Address to which requests must be sent;

(d) Language(s) in which they must be drawn up.

11.   Final date for despatch of invitations to tender.

12.   Where applicable, any deposits and guarantees required.

13.   Information concerning the service provider’s own position, and the information and formalities necessary for an appraisal of the minimum standards of economic and financial standing, ability and technical capacity required of him.

14.   Criteria for the award of the contract and, if possible, their order of importance. Criteria other than the lowest price shall be mentioned if they do not appear in the contract documents.

15.   Other Information.

16.   Date(s) of publication of the prior information notice in the Official Journal or reference to its non-publication.

17.   Date of despatch of the notice.

18.   Indication of whether the procurement is covered by the GPA.

PART D U.K. NEGOTIATED PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.   Category of service and description. CPC reference number M56 . Quantity or value including, where applicable, any options for further services and, if known, an estimate of the timing when such options may be exercised. In the case of regular or recurring contracts, if known, the estimated date(s) of the subsequent calls for tender.

3.   Place of delivery.

4.— (a) Indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession;

(b) Reference of the law, regulation or administrative provision;

(c) Indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service.

5.   Indication of whether the service providers can offer some or all of the services required.

6.   If known, the number of service providers which will be invited to tender or the range within which that number is expected to fall.

7.   Where applicable, prohibition of variants.

8.   Time limit for completion of the service or duration of the service contract and, as far as possible, time limit for starting to provide the service.

9.   Where applicable, the legal form to be taken by the grouping of service providers to whom the contract is awarded.

10.— (a) Where applicable, justification for the use of shorter time limits M57 ;

(b) Final date for the receipt of requests to participate;

(c) Address to which they must be sent;

(d) Language(s) in which they must be drawn up.

11.   Where applicable, any deposits and guarantees required.

12.   Information concerning the service provider^^s own position, and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him.

13.   Where applicable, the names and addresses of service providers already selected by the contracting authority.

14.   Other information.

15.   Date of despatch of the notice.

16.   Date(s) of previous publications in the Official Journal.

17.   Indication of whether the procurement is covered by the GPA.

PART E U.K. CONTRACT AWARD NOTICE

1.   Name and address of the contracting authority.

2.— (a) Award procedure chosen.

(b) Where applicable, justification for use of the negotiated procedure without a call for competition M58 .

3.   Category of service and description. CPC reference number M59 . Quantity of services procured.

4.   Date of award of the contract.

5.   Criteria for award of the contract.

6.   Number of offers received.

7.   Name and address of service provider(s).

8.   Price or range of prices (minimum/ maximum) paid or to be paid.

9.   Value of winning award(s) or the highest and lowest offer taken into account in the award of the contract.

10.   Where appropriate, value and proportion of the contract which may be subcontracted to third parties.

11.   Other information.

12.   Date of publication of the contract notice in the Official Journal.

13.   Date of despatch of the notice.

14.   In the case of contracts for services specified in Part B of Schedule 1, agreement by the contracting authority to publication of the notice.

PART F U.K. DESIGN CONTEST NOTICE

1.   Name, address and telegraphic address, telephone,, telex and facsimile numbers of the contracting authority and of the office from which additional information may be obtained.

2.   Project description.

3.   Nature of the contest: open or restricted.

4.   In the case of open contests: final date for receipt of plans and designs.

5.   In the case of restricted contests:

(a) the number of participants envisaged;

(b) where applicable, names of the participants already selected;

(c) criteria for the selection of participants;

(d) final date for receipt of requests to participate.

6.   Where applicable, an indication of whether participation is reserved to a particular profession.

7.   Criteria to be applied in the evaluation of projects.

8.   Where applicable, names of the persons selected to be members of the jury.

9.   Indication of whether the decision of the jury is binding on the contracting authority.

10.   Where applicable, number and value of prizes.

11.   Where applicable, details of payments to all participants.

12.   Indication of whether follow-up contracts will be awarded to one of the winners.

13.   Other information.

14.   Date of despatch of the notice.

PART G U.K. DESIGN CONTEST RESULT NOTICE

1.   Name, address and telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.   Project description.

3.   Number of participants.

4.   Number of participants established outside the United Kingdom.

5.   Winner(s) of the contest.

6.   Where applicable, the prize(s) awarded.

7.   Other information.

8.   Reference to publication of the design contest notice in the Official Journal.

9.   Date of despatch of the notice.”

Marginal Citations

M53 CPC stands for the Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

M54 CPC stands for the Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

M55 In accordance with regulation 12.

M56 CPC stands for the Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

M57 In accordance with regulation 13.

M58 In accordance with regulation 13(1).

M59 CPC stands for the Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

Regulation 4(15)

SCHEDULE 4 U.K.

The following Schedule shall be added to the Public Services Regulations—

Regulations 2(1), 7(1), 24(1), 27(3)

“SCHEDULE 3 U.K. GPA ANNEX I CONTRACTING AUTHORITIES

Where an entity listed in this Schedule is succeeded by another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Schedule.

Cabinet Office

• Central Commuter and Telecommunications Agency (CCTA)

• Civil Service College

• Office of the Parliamentary Counsel

• The Buying Agency

Central Office of Information

Charity Commission

Crown Prosecution Service

Crown Estate Commissioners (Vote Expenditure Only)

HM Customs and Excise

Department for Culture, Media and Sport

• British Library

• British Museum

• Historic Buildings and Monuments Commission for England (English Heritage)

• Imperial War Museum

• Museums and Galleries Commission

• National Gallery

• National Maritime Museum

• National Portrait Gallery

• Natural History Museum

• Royal Commission on Historical Manuscripts

• Royal Commission on Historical Monuments of England

• Royal Fine Art Commission (England)

• Science Museum

• Tate Gallery

• Victoria and Albert Museum

• Wallace Collection

Department for Education and Employment

Higher Education Funding Council for England

Department of the Environment, Transport and the Regions

• Building Research Establishment Agency

• Commons Commission

• Countryside Agency

• Maritime and Coastguard Agency

• Rent Assessment Panels

• Royal Commission on Environmental Pollution

• Valuation Tribunal

Department of Health

• Central Council for Education and Training in Social Work

• Dental Practice Board

• National Board for Nursing, Midwifery and Health Visiting for England

• National Health Service Authorities and Trusts

• Prescription Pricing Authority

• Public Health Service Laboratory Board

• UK Central Council for Nursing, Midwifery and Health Visiting

Department for International Development

Department for National Savings

Department of Social Security

• Disability Living Allowance Advisory Board

• Independent Tribunal Service

• Medical Boards and Examining Medical Officers (War Pensions)

• Occupational Pensions Regulatory Authority

• Regional Medical Service

• Social Security Advisory Committee

Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

Department of Trade and Industry

• Central Transport Consultative Committees

• Competition Commission

• Electricity Committees

• Employment Appeal Tribunal

• Employment Tribunals

• Gas Consumers’ Council

• National Weights and Measures Laboratory

• Office of Manpower Economics

• Patent Office

Export Credits Guarantee Department

Foreign and Commonwealth Office

Wilton Park Conference Centre

Government Actuary’s Department

Government Communications Headquarters

Home Office

• Boundary Commission for England

• Gaming Board for Great Britain

• Inspectors of Constabulary

• Parole Board and Local Review Committees

House of Commons

House of Lords

Inland Revenue, Board of

Intervention Board for Agricultural Produce

Lord Chancellor’s Department

• Circuit Offices and Crown, County and Combined Courts (England and Wales)

• Combined Tax Tribunal

• Council on Tribunals

• Court of Appeal—Criminal

• Immigration Appellate Authorities

• Immigration Adjudicators

• Immigration Appeals Tribunal

• Lands Tribunal

• Law Commission

• Legal Aid Fund (England and Wales)

• Office of the Social Security Commissioners

• Pensions Appeal Tribunals

• Public Trust Office

• Supreme Court Group (England and Wales)

• Transport Tribunal

Ministry of Agriculture, Fisheries and Food

• Agricultural Dwelling House Advisory Committees

• Agricultural Land Tribunals

• Agricultural Wages Board and Committees

• Cattle Breeding Centre

• Plant Variety Rights Office

• Royal Botanic Gardens, Kew

Ministry of Defence M60

• Meteorological Office

• Defence Procurement Agency

National Assembly for Wales

• Higher Education Funding Council for Wales

• Local Government Boundary Commission for Wales

• Royal Commission for Ancient and Historical Monuments in Wales

• Valuation Tribunals (Wales)

• Welsh National Health Service Authorities and Trusts

• Welsh Rent Assessment Panels

• Welsh National Board for Nursing, Midwifery and Health Visiting

National Audit Office

National Investment and Loans Office

Northern Ireland Assembly Commission

Northern Ireland Court Service

• Coroners Courts

• County Courts

• Court of Appeal and High Court of Justice in Northern Ireland

• Crown Court

• Enforcement of Judgements Office

• Legal Aid Fund

• Magistrates Courts

• Pensions Appeals Tribunals

Northern Ireland, Department of Agriculture and Rural Development

Northern Ireland, Department of Culture, Arts and Leisure

Northern Ireland, Department of Education

Northern Ireland, Department of Enterprise, Trade and Investment

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health, Social Services and Public Safety

Northern Ireland, Department of Higher and Further Education, Training and Employment

Northern Ireland, Department of Regional Development

Northern Ireland, Office of the First Minister and deputy First Minister

Northern Ireland, Crown Solicitor’s Office

• Department of the Director of Public Prosecutions for Northern Ireland

• Northern Ireland Forensic Science Laboratory

• Office of Chief Electoral Officer for Northern Ireland

• Police Authority for Northern Ireland

• Probation Board for Northern Ireland

• State Pathologist Service

Office of Fair Trading

Office for National Statistics

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

Paymaster General’s Office

Postal Business of the Post Office

Privy Council Office

Public Record Office

Registry of Friendly Societies

Royal Commission on Historical Manuscripts

Royal Hospital, Chelsea

Royal Mint

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, General Register Office

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Executive Corporate Services

The Scottish Executive Education Department

• National Galleries of Scotland

• National Library of Scotland

• National Museums of Scotland

• Scottish Higher Education Funding Council

The Scottish Executive Development Department

The Scottish Executive Enterprise and Lifelong Learning Department

The Scottish Executive Finance

The Scottish Executive Health Department

• Local Health Councils

• National Board for Nursing, Midwifery and Health Visiting for Scotland

• Scottish Council for Postgraduate Medical Education

• Scottish National Health Service Authorities and Trusts

The Scottish Executive Justice Department

• Accountant of Court’s Office

• High Court of Justiciary

• Court of Session

• HM Inspectorate of Constabulary

• Lands Tribunal for Scotland

• Parole Board for Scotland and Local Review Committees

• Pensions Appeal Tribunals

• Scottish Land Court

• Scottish Law Commission

• Sheriff Courts

• Scottish Criminal Record Office

• Scottish Crime Squad

• Scottish Fire Service Training Squad

• Scottish Police College

• Social Security Commissioners’ Office

The Scottish Executive Rural Affairs Department

• Crofters Commission

• Red Deer Commission

• Rent Assessment Panel and Committees

• Royal Botanic Garden, Edinburgh

• Royal Commission on the Ancient and Historical Monuments of Scotland

• Royal Fine Art Commission for Scotland

The Scottish Executive Secretariat

The Scottish Parliamentary Body Corporate

Scottish Record Office

HM Treasury

The Wales Office (Office of the Secretary of State for Wales)”

Marginal Citations

M60 Only in respect of public supply contracts for the purchase or hire of non-warlike materials specified in Schedule 2.

Regulation 4(15)

SCHEDULE 5 U.K.

The following Schedule shall be added to the Public Services Regulations—

Regulations 2(1) and 4

“SCHEDULE 4 U.K. EXTENSION TO NON MEMBER STATES

{s003} Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183). {s004} 1993 c.51.”
Relevant States	Agreement with the European Union which extend the provisions relating to public procurement to the relevant State	Statutory provisions designating the agreements as European Treaties
1.Bulgaria	Europe Agreement (OJ No,. L358, 31.12.94, p.2)	S.I. 1994/758
2.The Czech Republic	Europe Agreement (OJ No. L360, 31.12.94, p.2)	S.I. 1994/759
3.Estonia	Europe Agreement (OJ No. L689.03.98, p.3)	S.I.1997/269
4.Hungary	Europe Agreement (OJ No. L347, 31.12.93, p.2)	S.I. 1992/2871
5.Iceland	European Economic Area Agreement {s003}	European Economic Area Act 1993 {s004} , section 1.
6.Latvia	Europe Agreement (OJ No.L26,2.02.98,p.3)	S.I.1997/270
7.Lichtenstein	European Economic Area Agreement {s003}	European Economic Area Act 1993 {s004} , section 1
8.Lithuania	Europe Agreement (OJ No. L5120.02.98 p.3 )	S.I. 1997/271
9.Norway	European Economic Area Agreement {s003}	European Economic Area Act 1993 {s004} , section 1.
10.Poland	Europe Agreement (OJ No. L348, 31.12.94, p.2)	S.I. 1992/2872
11.Romania	Europe Agreement (OJ No. L357, 31.12.94, p.2)	S.I. 1994/760
12.Slovakia	Europe Agreement (OJ No. L359, 31.12.94, p.2)	S.I. 1994/761
13.Slovenia	Europe Agreement (OJ No.L5126.02.99, p.3)	S.I. 1998/1062

Regulation 5(14)

SCHEDULE 6 U.K.

Schedule 1 to the Public Supply Regulations shall be replaced by—

Regulations 2(1), 7(1), 24, 25(3)

“SCHEDULE 1 U.K. GPA ANNEX I CONTRACTING AUTHORITIES

Cabinet Office

• Central Commuter and Telecommunications Agency (CCTA)

• Civil Service College

• Office of the Parliamentary Counsel

• The Buying Agency

Central Office of Information

Charity Commission

Crown Prosecution Service

Crown Estate Commissioners (Vote Expenditure Only)

HM Customs and Excise

Department for Culture, Media and Sport

• British Library

• British Museum

• Historic Buildings and Monuments Commission for England (English Heritage)

• Imperial War Museum

• Museums and Galleries Commission

• National Gallery

• National Maritime Museum

• National Portrait Gallery

• Natural History Museum

• Royal Commission on Historical Manuscripts

• Royal Commission on Historical Monuments of England

• Royal Fine Art Commission (England)

• Science Museum

• Tate Gallery

• Victoria and Albert Museum

• Wallace Collection

Department for Education and Employment

Higher Education Funding Council for England

Department of the Environment, Transport and the Regions

• Building Research Establishment Agency

• Commons Commission

• Countryside Agency

• Maritime and Coastguard Agency

• Rent Assessment Panels

  Royal Commission on Environmental Pollution

• Valuation Tribunal

Department of Health

• Central Council for Education and Training in Social Work

• Dental Practice Board

• National Board for Nursing, Midwifery and Health Visiting for England

• National Health Service Authorities and Trusts

• Prescription Pricing Authority

• Public Health Service Laboratory Board

• UK Central Council for Nursing, Midwifery and Health Visiting

Department for International Development

Department for National Savings

Department of Social Security

• Disability Living Allowance Advisory Board

• Independent Tribunal Service

• Medical Boards and Examining Medical Officers (War Pensions)

• Occupational Pensions Regulatory Authority

• Regional Medical Service

• Social Security Advisory Committee

Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

Department of Trade and Industry

• Central Transport Consultative Committees

• Competition Commission

• Electricity Committees

• Employment Appeal Tribunal

• Employment Tribunals

• Gas Consumers’ Council

• National Weights and Measures Laboratory

• Office of Manpower Economics

• Patent Office

Export Credits Guarantee Department

Foreign and Commonwealth Office

Wilton Park Conference Centre

Government Actuary’s Department

Government Communications Headquarters

Home Office

• Boundary Commission for England

• Gaming Board for Great Britain

• Inspectors of Constabulary

• Parole Board and Local Review Committees

House of Commons

House of Lords

Inland Revenue, Board of

Intervention Board for Agricultural Produce

Lord Chancellor’s Department

• Circuit Offices and Crown, County and Combined Courts (England and Wales)

• Combined Tax Tribunal

• Council on Tribunals

• Court of Appeal—Criminal

• Immigration Appellate Authorities

• Immigration Adjudicators

• Immigration Appeals Tribunal

• Lands Tribunal

• Law Commission

• Legal Aid Fund (England and Wales)

• Office of the Social Security Commissioners

• Pensions Appeal Tribunals

• Public Trust Office

• Supreme Court Group (England and Wales)

• Transport Tribunal

Ministry of Agriculture, Fisheries and Food

• Agricultural Dwelling House Advisory Committees

• Agricultural Land Tribunals

• Agricultural Wages Board and Committees

• Cattle Breeding Centre

• Plant Variety Rights Office

• Royal Botanic Gardens, Kew

Ministry of Defence M61

• Meteorological Office

• Defence Procurement Agency

National Assembly for Wales

• Higher Education Funding Council for Wales

• Local Government Boundary Commission for Wales

• Royal Commission for Ancient and Historical Monuments in Wales

• Valuation Tribunals (Wales)

• Welsh National Health Service Authorities and Trusts

• Welsh Rent Assessment Panels

• Welsh National Board for Nursing, Midwifery and Health Visiting

National Audit Office

National Investment and Loans Office

Northern Ireland Assembly Commission

Northern Ireland Court Service

• Coroners Courts

• County Courts

• Court of Appeal and High Court of Justice in Northern Ireland

• Crown Court

• Enforcement of Judgements Office

• Legal Aid Fund

• Magistrates Courts

• Pensions Appeals Tribunals

Northern Ireland, Department of Agriculture and Rural Development

Northern Ireland, Department of Culture, Arts and Leisure

Northern Ireland, Department of Education

Northern Ireland, Department of Enterprise, Trade and Investment

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health, Social Services and Public Safety

Northern Ireland, Department of Higher and Further Education, Training and Employment

Northern Ireland, Department of Regional Development

Northern Ireland, Office of the First Minister and deputy First Minister

Northern Ireland, Crown Solicitor’s Office

• Department of the Director of Public Prosecutions for Northern Ireland

• Northern Ireland Forensic Science Laboratory

• Office of Chief Electoral Officer for Northern Ireland

• Police Authority for Northern Ireland

• Probation Board for Northern Ireland

• State Pathologist Service

Office of Fair Trading

Office for National Statistics

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

Paymaster General’s Office

Postal Business of the Post Office

Privy Council Office

Public Record Office

Registry of Friendly Societies

Royal Commission on Historical Manuscripts

Royal Hospital, Chelsea

Royal Mint

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, General Register Office

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Executive Corporate Services

The Scottish Executive Education Department

• National Galleries of Scotland

• National Library of Scotland

• National Museums of Scotland

• Scottish Higher Education Funding Council

The Scottish Executive Development Department

The Scottish Executive Enterprise and Lifelong Learning Department

The Scottish Executive Finance

The Scottish Executive Health Department

• Local Health Councils

• National Board for Nursing, Midwifery and Health Visiting for Scotland

• Scottish Council for Postgraduate Medical Education

• Scottish National Health Service Authorities and Trusts

The Scottish Executive Justice Department

• Accountant of Court’s Office

• High Court of Justiciary

• Court of Session

• HM Inspectorate of Constabulary

• Lands Tribunal for Scotland

• Parole Board for Scotland and Local Review Committees

• Pensions Appeal Tribunals

• Scottish Land Court

• Scottish Law Commission

• Sheriff Courts

• Scottish Criminal Record Office

• Scottish Crime Squad

• Scottish Fire Service Training Squad

• Scottish Police College

• Social Security Commissioners’ Office

The Scottish Executive Rural Affairs Department

• Crofters Commission

• Red Deer Commission

• Rent Assessment Panel and Committees

• Royal Botanic Garden, Edinburgh

• Royal Commission on the Ancient and Historical Monuments of Scotland

• Royal Fine Art Commission for Scotland

The Scottish Executive Secretariat

The Scottish Parliamentary Body Corporate

Scottish Record Office

HM Treasury

The Wales Office (Office of the Secretary of State for Wales)”

Marginal Citations

M61 Only in respect of public supply contracts for the purchase or hire of non-warlike materials specified in Schedule 2.

Regulation 5(15)

SCHEDULE 7 U.K.

Schedule 3 to the Public Supply Regulations shall be replaced by—

Regulations 9(1), 11(2),(8), 12(2),(16),13(2) and 22(1)

“SCHEDULE 3 U.K. FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A U.K. PRIOR INFORMATION NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority or the office from which additional information may be obtained.

2.   Nature and quantity or value of the goods to be supplied. CPA reference number M62 .

3.   Estimated date of the commencement of the procedures leading to the award of the contract(s) (if known).

4.   Other information.

5.   Date of despatch of the notice.

6.   Indication of whether the procurement is covered by the GPA.

PART B U.K. OPEN PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) Award procedure chosen;

(b) Form of contract for which offers are invited.

3.— (a) Place of delivery.

(b) Nature and quantity of the goods to be supplied, including CPA reference number and where applicable any options for further supplies and, if known, the expected date(s) when such options may be exercised. In the case of regular or recurring contracts, an estimate of the timing of the subsequent calls for tenders;

(c) Indication of whether the suppliers can tender for some and/or all of the goods required.

(d) Whether offers are invited for purchase, lease, rental, hire purchase or a combination of these.

4.   Time limit for delivery or duration of the contract and, as far as possible, the date on which delivery should commence.

5.— (a) Name and address from which the contract documents and additional documents may be requested;

(b) Final date for making such requests;

(c) Where applicable, the amount and terms of payment of any sum payable for such documents.

6.— (a) Final date for receipt of tenders;

(b) Address to which they must be sent;

(c) Language(s) in which they must be drawn up.

7.— (a) Person(s) authorised to be present at the opening of tenders;

(b) Date, time and place of opening.

8.   Where applicable, any deposits and guarantees required.

9.   The main terms concerning financing and payment and/or references to the relevant provisions.

10.   Where applicable, the legal form to be taken by a grouping of suppliers to whom the contract is awarded.

11.   Information concerning the supplier’s own position, and information and formalities necessary for an appraisal of the minimum standards of economic and financial standing and technical capacity required of him.

12.   Period during which the tenderer is bound to keep open his tender.

13.   Criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned if they do not appear in the contract document.

14.   Where applicable, prohibition on variations.

15.   Other information.

16.   Date of publication of the prior information notice in the Official Journal or references to its non-publication.

17.   Date of despatch of the notice.

18.   Indication of whether the procurement is covered by the GPA.

PART C U.K. RESTRICTED PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile numbers of the contracting authority.

2.— (a) Award procedure chosen;

(b) Where applicable, justification for use of the shorter time limits M63 ;

(c) Form of contract for which offers are invited.

3.— (a) Place of delivery;

(b) Nature and quantity of goods to be delivered, including CPA reference number; and, where applicable, any options for further supplies and, if known, an estimate of the timing when such options may be exercised. In the case of regular or recurring contracts, the estimated date(s) of the subsequent calls for tender;

(c) Indication of whether the supplier can tender for some and/or all of the goods required;

(d) Whether offers are invited for purchase, lease, rental, hire purchase or a combination of these.

4.   Time limit for delivery, or duration of the contract and as far as possible, the date on which delivery should commence.

5.   Where applicable, the legal form to be assumed by a grouping of suppliers to whom the contract is awarded.

6.— (a) Final date for the receipt of requests to participate;

(b) Address to which they must be sent;

(c) Language(s) in which they must be drawn up.

7.   Final date for the dispatch of invitations to tender.

8.   Any deposits and guarantees required.

9.   Information concerning the supplier’s own position, and the information and formalities necessary for an appraisal of the minimum standards of economic and financial standing and technical capacity required of him.

10.   Criteria for the award of the contract if these are not stated in the invitation to tender.

11.   If known, the number of suppliers which will be invited to tender or the range within which that number is expected to fall.

12.   Where applicable, prohibition on variations.

13.   Other information.

14.   Date of publication of the prior information notice in the Official Journal or references to its non-publication.

15.   Date of despatch of the notice.

16.   Indication of whether the procurement is covered by the GPA.

PART D U.K. NEGOTIATED PROCEDURE NOTICE

1.   Name, address, telegraphic address, telephone, telex and facsimile number of the contracting authority.

2.— (a) Award procedure chosen;

(b) Where applicable, justification for use of shorter time limits M64 ;

(c) Where applicable, form of contract for which offers are invited.

3.— (a) Place of delivery.

(b) Nature and quantity of goods to be delivered, including CPA reference number; and, where applicable, any options for further supplies and, if known, the estimated date(s) when such options may be exercised. In the case of regular or recurring contracts, the estimated date(s) of the subsequent calls for tender.

(c) Indication of whether the supplier can tender for some and/or all of the goods required;

(d) Whether offers are invited for purchase, lease, rental, hire purchase or a combination of these.

4.   Where applicable, the legal form to be taken by a grouping of suppliers to whom the contract is awarded.

5.— (a) Final date for the receipt of request to participate;

(b) Address to which they must be sent;

(c) Language(s) in which they must be drawn up.

6.   Any deposits or guarantee required.

7.   Information concerning the supplier’s own position, and the information and formalities necessary for an appraisal of the minimum standards of economic and financial standing and technical capacity required of him.

8.   If known, the number of suppliers which will be invited to tender or the range within which that number is expected to fall.

9.   Where applicable, prohibition on variations.

10.   Where applicable, the names and addresses of suppliers already selected by the awarding authority.

11.   Date(s) of previous publications in the Official Journal.

12.   Other information.

13.   Date of despatch of the notice.

14.   Indication of whether the procurement is covered by the GPA.

PART E U.K. CONTRACT AWARD NOTICE

1.   Name and address of contracting authority.

2.— (a) Award procedure chosen;

(b) where appropriate, justification for the use of the negotiated procedure without a call for competition M65 .

3.   Date of award of contract.

4.   Criteria for award of contract.

5.   Number of offers received.

6.   Name(s) and address(es) of supplier(s).

7.   Nature and quantity of goods supplied, where applicable, by supplier: CPA reference number.

8.   Price or range of prices paid or to be paid.

9.   Value of winning award(s) or the highest and lowest offer taken into account in the award of the contract.

10.   Where appropriate, value and proportion of the contract which may be subcontracted to third parties.

11.   Other information.

12.   Date of publication of the tender notice in the Official Journal.

13.   Date of despatch of the notice.”

Marginal Citations

M62 CPA stands for the Classification of Products by Activity as referred to in Council Regulation 3669/93 of 29 October 1993, OJ No. L 342 p. 1, 31.12.93.

M63 In accordance with regulation 12.

M64 In accordance with regulation 13.

M65 In accordance with regulation 13(1).

Regulation 5(16)

SCHEDULE 8 U.K.

The following Schedule shall be added to the Public Supply Regulations-

Regulations 2(1) and 4

“SCHEDULE 4 U.K. EXTENSION TO NON MEMBER STATES

{s005} Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183). {s006} 1993 c.51.”
Relevant States	Agreement with the European Union which extend the provisions relating to public procurement to the relevant State	Statutory provisions designating the agreements as European Treaties
1.Bulgaria	Europe Agreement (OJ No,. L358, 31.12.94, p.2)	S.I. 1994/758
2.The Czech Republic	Europe Agreement (OJ No. L360, 31.12.94, p.2)	S.I. 1994/759
3.Estonia	Europe Agreement (OJ No. L689.03.98, p.3)	S.I.1997/269
4.Hungary	Europe Agreement (OJ No. L347, 31.12.93, p.2)	S.I. 1992/2871
5.Iceland	European Economic Area Agreement {s005}	European Economic Area Act 1993 {s006} , section 1.
6.Latvia	Europe Agreement (OJ No. 226,2.02.98,p.3)	S.I. 1997/270
7.Lichtenstein	European Economic Area Agreement {s005}	European Economic Area Act 1993 {s006} , section 1
8.Lithuania	Europe Agreement (OJ No. L5120.02.98 p.3)	S.I. 1997/271
9.Norway	European Economic Area Agreement {s005}	European Economic Area Act 1993 {s006} , section 1.
10.Poland	Europe Agreement (OJ No. L348, 31.12.94, p.2)	S.I. 1992/2872
11.Romania	Europe Agreement (OJ No. L357, 31.12.94, p.2)	S.I. 1994/760
12.Slovakia	Europe Agreement (OJ No. L359, 31.12.94, p.2)	S.I. 1994/761
13.Slovenia	Europe Agreement (OJ No. L5126.02.99,p.3)	S.I. 1998/1062

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement European Parliament and Council Directive 97/52/EC (OJ No. L328, 28.11.97, p.1) in its entirety and for England, Wales, Scotland and Northern Ireland. Directive 97/52/EC amends Council Directives 92/50/EEC (OJ No. L209, 24.7.92, p.1), 93/36/EEC (OJ No. L199, 9.8.93, p.1), and 93/37/EEC (OJ No. L199, 9.8.93, p. 54) concerning the co-ordination of procedures for the award of public services contracts, public supply contracts and public works contracts respectively. Those directives have been implemented for the United Kingdom by the Public Services Regulations 1993 (S.I. 1993/3228) (“the Services Regulations"); the Public Supply Contracts Regulations 1995 (S.I. 1995/201) (“the Supply Regulations") and the Public Works Contracts Regulations 1991 (S.I. 1991/2680) (“the Works Regulations"), respectively.

The Works Regulations, the Services Regulations and the Supply Regulations specify the procedures to be followed by public bodies, called “contracting authorities", when they seek offers for certain contracts for the provision of works, services or supplies. The principal purpose of Directive 97/52/EC is to ensure that contractors, service-providers and suppliers in the European Union are treated no less favourably under the Council Directives on public procurement than third country contractors, service-providers and suppliers are treated under the WTO Government Procurement Agreement (GPA) where it applies. These Regulations amend the requirements of the Works Regulations, the Services Regulations and the Supply Regulations accordingly. Information on the GPA (Cm 2572) and where it applies may be found on the WTO web-site (www.wto.org).

In the interest of transparency, these Regulations bring up to date the descriptions of the contracting authorities to whom the Works Regulations, Services Regulations and Supply Regulations apply and modify the lists of relevant States in Europe whose contractors, service-providers and suppliers are owed duties of compliance under those Regulations, in the same way as contractors, service-providers and suppliers who are nationals of or established in a Member State.

Where the GPA applies, these Regulations extend the benefit of the duty of compliance with the Works Regulations, Services Regulations and Supply Regulations to contractors, service-providers and suppliers who are nationals of or established in third country signatories to the GPA.

Thus these Regulations make the following amendments to the Works Regulations, the Services Regulations and the Supply Regulations respectively:

(a)  The definition of “contracting authority" is revised and up-dated (regulations 3(2), 4(2) and 5(2)), as is the definition of a “relevant state" (regulations 3(1), (3), 4(1), (3), 5(1), (3) and Schedules 2, 5 and 8); U.K.

(b)  The financial thresholds, for the purpose of defining contracts to which the Works Regulations, Services Regulations and Supply Regulations apply are modified to align these with the thresholds of the GPA (regulations 3(4), 4(4), 4(11) and 5(4)); U.K.

(c)  Contracting authorities are permitted to reduce the time limit for the receipt of tenders when using the open and restricted procedures provided certain conditions are met (regulations 3(6), 3(8), 4(6), 4(8), 5(6) and 5(8)); U.K.

(d)  Contracting authorities are permitted to authorise the submission of tenders by electronic means and other alternative methods to submission in person or by post, provided certain conditions are met (regulations 3(7), 3(9), 4(7), 4(9), 5(7) and 5(9)); U.K.

(e)  Additional requirements about the information to be given by contracting authorities when de-briefing unsuccessful candidates and tenderers are specified (regulations 3(10), 4(10) and 5(10)); U.K.

(f)  Contracting authorities are required to comply with amended statistical reporting obligations (regulations 3(11), 4(12) and 5(12)); U.K.

(g)  The benefit of a contracting authority’s duty of compliance with the Works Regulations, Services Regulations and Supply Regulations is extended to contractors, service-providers and suppliers respectively who are nationals of or established in GPA states, where the GPA applies (regulations 3(12), 4(13) and 5(13)); and U.K.

(h)  Revised forms of model notices for publication in the Official Journal are provided (Schedules 1, 3 and 7). U.K.