PART 1GENERAL

Application5.

(1)

Subject to paragraph F1(1A) and (3), these Regulations apply whenever a contracting authority seeks offers in relation to a proposed public supply contract, public works contract, Part A services contract, framework agreement or dynamic purchasing system other than a contract, framework agreement or dynamic purchasing system excluded from the application of these Regulations by regulation 6 or 8.

F2(1A)

Paragraph (1) does not apply whenever a contracting authority seeks offers in relation to a proposed framework agreement or dynamic purchasing system in respect of which only Part B services contracts can be based or awarded.

(2)

Whenever a contracting authority seeks offers in relation to a proposed Part B services contract F3or a framework agreement or dynamic purchasing system in respect of which only Part B services contracts can be based or awarded other than one excluded by virtue of regulation 6 or 8—

(a)

F4Parts 1, 9 and 10 apply; and

(b)

the following provisions in F5Parts 2 to 8 apply—

(i)

regulation 9 (technical specifications in the contract documents);

(ii)

regulation 31 (contract award notice);

(iii)

regulation 40(2) (statistical and other reports);

(iv)

regulation 41 (provision of reports); and

(v)

regulation 42 (publication of notices).

(3)

In these Regulations, a reference to a public works contract does not include a public works concession contract except in—

(a)

F6Parts 1, 9 and 10; and

(b)

the following provisions in F7Parts 6, 7 and 8

(i)

regulation 34 (subsidised public works contracts and public services contracts);

(ii)

regulation 36 (public works concession contracts);

(iii)

regulation 37 (sub-contracting the work or works to be carried out under a public works concession contract);

(iv)

regulation 39 (conditions for performance of contracts);

(v)

regulation 41 (provision of reports);

(vi)

regulation 42 (publication of notices);

(vii)

regulation 43 (confidentiality of information);

(viii)

regulation 44 (means of communication);

(ix)

regulation 45 (sub-contracting); and

(x)

regulation 46 (public service bodies).