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

Regulation 3(13)

SCHEDULE 1

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 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A 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 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 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(1);

(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 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(2);

(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 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(3).

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 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 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.”

Regulation 3(14)

SCHEDULE 2

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

Regulations 2(1) and 4

“SCHEDULE 3 EXTENSION TO NON MEMBER STATES

Relevant State	Agreement with the European Union which extend the provisions relating to the relevant State	Statutory provisions designating the agreements as European Treaties
(a) Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183).
(b) 1993 c. 51.”.
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(a)	European Economic Area Act 1993(b), section 1.
6.   Latvia	Europe Agreement (OJ No. L26, 2.02.98, p.2)	S.I. 1997/270
7.   Lichtenstein	European Economic Area Agreement(a)	European Economic Area Act 1993 (b), section 1
8.   Lithuania	Europe Agreement (OJ No. L5120.02.98 p.3)	S.I.1997/271
9.   Norway	European Economic Area Agreement(a)	European Economic Area Act 1993(b), 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

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 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A 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 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(4). 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 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(5). 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(6);

(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 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(7). 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(8);

(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 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(9).

3.   Category of service and description. CPC reference number(10). 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 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 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.”

Regulation 4(15)

SCHEDULE 4

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

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

“SCHEDULE 3 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(11)

  • 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)”

Regulation 4(15)

SCHEDULE 5

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

Regulations 2(1) and 4

“SCHEDULE 4 EXTENSION TO NON MEMBER STATES

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
(a) Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183).
(b) 1993 c. 51.”
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(a)	European Economic Area Act 1993(b), section 1.
6.   Latvia	Europe Agreement (OJ No.L26,2.02.98,p.3)	S.I.1997/270
7.   Lichtenstein	European Economic Area Agreement(a)	European Economic Area Act 1993(b), section 1
8.   Lithuania	Europe Agreement (OJ No. L5120.02.98 p.3 )	S.I. 1997/271
9.   Norway	European Economic Area Agreement(a)	European Economic Area Act 1993(b), 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

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

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

“SCHEDULE 1 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(12)

  • 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)”

Regulation 5(15)

SCHEDULE 7

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 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A 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(13).

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 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 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(14);

(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 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(15);

(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 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(16).

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.”

Regulation 5(16)

SCHEDULE 8

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

Regulations 2(1) and 4

“SCHEDULE 4 EXTENSION TO NON MEMBER STATES

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
(a) Cmnd 2073 as adjusted by the Protocol signed in Brussels on 17th March 1993 (Cmnd 2183).
(b) 1993 c. 51.”
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(a)	European Economic Area Act 1993(b), section 1.
6.   Latvia	Europe Agreement (OJ No. 226,2.02.98,p.3)	S.I. 1997/270
7.   Lichtenstein	European Economic Area Agreement(a)	European Economic Area Act 1993(b), section 1
8.   Lithuania	Europe Agreement (OJ No. L5120.02.98 p.3)	S.I. 1997/271
9.   Norway	European Economic Area Agreement(a)	European Economic Area Act 1993(b), 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

(1)

In accordance with regulation 12.

(2)

In accordance with regulation 13.

(3)

In accordance with regulation 13(1).

(4)

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

(5)

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

(6)

In accordance with regulation 12.

(7)

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

(8)

In accordance with regulation 13.

(9)

In accordance with regulation 13(1).

(10)

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

(11)

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

(12)

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

(13)

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.

(14)

In accordance with regulation 12.

(15)

In accordance with regulation 13.

(16)

In accordance with regulation 13(1).