The Defence and Security Public Contracts Regulations 2011

Regulations 3(1), 14(4), 17(20), and 32(1) and (2)

[F1 SCHEDULE A1 U.K. MODIFICATIONS OF ANNEX 4 TO THE DEFENCE AND SECURITY PROCUREMENT DIRECTIVE FOR THE PURPOSES OF THESE REGULATIONS

Textual Amendments

F1 Sch. A1 inserted (31.12.2020) by The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/697), reg. 1, Sch. (with reg. 4) (as amended by S.I. 2020/1450, regs. 1(3), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)

1.   In this Schedule, “Annex 4” means Annex 4 to the Defence and Security Procurement Directive. U.K.

2.   The references to Annex 4 in the definition of “contract notice” in regulation 3(1) and in regulation 17(20) have effect as if, in the paragraphs of that Annex under the heading “contract notices”— U.K.

(a) paragraph 9 (subcontracting) were omitted;

(b) in paragraph 21, “Article 47” were a reference to regulation 31 of these Regulations;

(c) in paragraph 22, “in accordance with the technical specifications of publication indicated in Annex VI” read “on the UK e-notification service (within the meaning of the Defence and Security Public Contracts Regulations 2011)”;

(d) in paragraph 23, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations.

3.   The reference to Annex 4 in the definition of “prior information notice” in regulation 3(1) has effect as if, in paragraph 7 under the heading “prior information notice” in that Annex, “dispatch” (in both places) referred to the submission of the notice to the UK e-notification service for the purposes of these Regulations. U.K.

4.   The reference to Annex 4 in regulation 14(4)(a) has effect as if paragraph 1 (country of the contracting authority or entity) under the heading “notice of publication of a prior information notice on a buyer profile” in that Annex were omitted. U.K.

5.   The references to Annex 4 in regulation 32(1) and (2) have effect as if, in the paragraphs of that Annex under the heading “contract award notice”— U.K.

(a) in paragraph 2, “Article 47” were a reference to regulation 31 of these Regulations;

(b) in paragraph 12, “in accordance with the technical specifications for publication in Annex VI” read “on the UK e-notification service (within the meaning of the Defence and Security Public Contracts Regulations 2011)”;

(c) in paragraph 13, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations.]

Regulation 3(1)

SCHEDULE 1 U.K. ACTIVITIES CONSTITUTING WORKS

	Section F			Construction
Division	Group	Class	Subject	Notes	CPV Code
45			Construction	Construction of new buildings and works, restoring and common repairs	45000000
	45.1		Site preparation		45100000
		45.11	Demolition and wrecking of buildings; earth moving	Demolition of buildings and other structures	45110000
				Clearing of building sites
				Earth moving; excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc.
				Site preparation for mining; overburden removal and other development and preparation of mineral properties and sites
				Building site drainage
				Drainage of agricultural or forestry land
		45.12	Test drilling and boring	Test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes	45120000
	45.2		Building of complete constructions or parts of constructions; civil engineering		45200000
		45.21	General construction of buildings and civil engineering works	Construction of all types of buildings	45210000 Except: 45213316 45220000 45231000 45232000
				Construction of civil engineering constructions
				Bridges, including those for elevated highways, viaducts, tunnels and subways
				Long-distance pipelines, communication and power lines
				Urban pipelines, urban communication and power lines
				Ancillary urban works
				Assembly and erection of prefabricated constructions on the site
		45.22	Erection of roof covering and frames	Erection of roofs	45261000
				Roof covering
				Waterproofing
		45.23	Construction of highways, roads, airfields and sport facilities	Construction of highways, streets, roads, other vehicular and pedestrian ways	45212212 and DA03 45230000 Except: 45231000 45232000 45234115
				Construction of railways
				Construction of airfield runways
				Construction works, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations
				Painting of markings on road surfaces and car parks
		45.24	Construction of water projects	Construction of:	45240000
				waterways, harbour and river works, pleasure ports (marinas), locks, etc.
				dams and dykes
				dredging
				subsurface work
		45.25	Other construction work involving special trades	Construction activities specialising in one aspect common to different kinds of structures, requiring specialised skill or equipment	45250000 45262000
				Construction of foundations, including pile driving
				Water well drilling and construction, shaft sinking
				Erection of non-self-manufactured steel elements
				Steel bending
				Bricklaying and stone setting
				Scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms
				Erection of chimneys and industrial ovens
	45.3		Building installation		45300000
		45.31	Installation of electrical wiring and fittings	Installation in buildings or other construction projects of:	45213316 45310000 Except: 45316000
				electrical wiring and fittings
				telecommunications systems
				electrical heating systems
				residential antennas and aerials
				fire alarms
				burglar alarm systems
				lifts and escalators
				lightning conductors, etc.
		45.32	Insulation work activities	Installation in buildings or other construction projects of thermal, sound or vibration insulation	45320000
		45.33	Plumbing	Installation in buildings or other construction projects of:	45330000
				plumbing and sanitary equipment
				gas fittings
				heating, ventilation, refrigeration or air-conditioning equipment and ducts
				sprinkler systems
		45.34	Other building installation	Installation of illumination and signalling systems for roads, railways, airports and harbours	45234115 45316000 45340000
				Installation in buildings or other construction projects of fittings and fixtures n.e.c.
	45.4		Building completion		45400000
		45.41	Plastering	Application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials	45410000
		45.42	Joinery installation	Installation of non-self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials	45420000
				Interior completion such as ceilings, wooden wall coverings, movable partitions, etc.
		45.43	Floor and wall covering	Laying, tiling, hanging or fitting in buildings or other construction projects of:	45430000
				ceramic, concrete or cut stone wall or floor tiles
				parquet and other wood floor coverings, carpets and linoleum floor coverings, including of rubber or plastic
				terrazzo, marble, granite or slate floor or wall coverings
				wallpaper
		45.44	Painting and glazing	Interior and exterior painting of buildings	45440000
				Painting of civil engineering structures
				Installation of glass, mirrors, etc.
		45.45	Other building completion	Installation of private swimming pools	45212212 and DA04 45450000
				Steam cleaning, sand blasting and similar activities for building exteriors
				Other building completion and finishing work n.e.c.
	45.5		Renting of construction or demolition equipment with operator		45500000
		45.50	Renting of construction or demolition equipment with operator		45500000

Regulation 3(2)

SCHEDULE 2 U.K. CATEGORIES OF SERVICES

PART A
Category	Services	CPV Code
1	Maintenance and repair services	50000000-5, from 50100000-6 to 50884000-5 (except from 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and from 51000000-9 to 51900000-1
2	Foreign military-aid-related services	75211300-1
3	Defence services, military defence services and civil defence services	75220000-4, 75221000-1, 75222000-8
4	Investigation and security services	From 79700000-1 to 79720000-7
5	Land transport services	60000000-8, from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4), and from 64120000-3 to 64121200-2
6	Air transport services of passengers and freight, except transport of mail	60400000-2, from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), from 60440000-4 to 60445000-9 and 60500000-3
7	Transport of mail by land and by air	60160000-7, 60161000-4, 60411000-2, 60421000-5
8	Rail transport services	From 60200000-0 to 60220000-6
9	Water transport services	From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3
10	Supporting and auxiliary transport services	From 63100000-0 to 63111000-0, from 63120000-6 to 63121100-4, 63122000-0, 63512000-1 and from 63520000-0 to 6370000-6
11	Telecommunication services	From 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3
12	Financial services: Insurance services	From 66500000-5 to 66720000-3
13	Computer and related services	From 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4, 9342410-4
14	Research and development services, where the benefits accrue exclusively to the contracting authority for its own use in the conduct of its own affairs and the services are to be wholly paid for by the contracting authority, and evaluation tests	From 73000000-2 to 73436000-7
15	Accounting, auditing and bookkeeping services	From 79210000-9 to 79212500-8
16	Management consulting services, but not arbitration and conciliation services, and related services	From 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7 and 98362000-8
17	Architectural services: engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services	From 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8
18	Building-cleaning services and property management services	From 70300000-4 to 70340000-6 and from 90900000-6 to 90924000-0
19	Sewage and refuse disposal services; sanitation and similar services	From 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0
20	Training and simulation services in the fields of defence and security	80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5, 80660000-8
PART B
Category	Services	CPV Code
21	Hotel and restaurant services	From 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6
22	Supporting and auxiliary transport services	From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3), from 63727000-1 to 63727200-3 and 98361000-1
23	Legal services	From 79100000-5 to 79140000-7
24	Personnel placement and supply services but not employment contracts	From 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0) and from 98500000-8 to 98514000-9
25	Health and social services	79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5, 85322000-2)
26	Other services

Regulation 23(4)(k)

F2 SCHEDULE 3 U.K. PROFESSIONAL OR TRADE REGISTERS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 omitted (31.12.2020) by virtue of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/697), regs. 1, 3(33) (with reg. 4) (as amended by S.I. 2020/1450, regs. 1(3), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)

Regulation 66

SCHEDULE 4 U.K. CONSEQUENTIAL AMENDMENTS, REPEALS AND REVOCATIONS

Public Contracts Regulations 2006 U.K.

F3 1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 1 omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 43 (with reg. 5)

Public Contracts (Scotland) Regulations 2006 U.K.

2.—(1) Regulation 6 of the Public Contracts (Scotland) Regulations 2006 M1 is amended as follows.

(2) Delete the word “or” at the end of paragraph (2)(l).

(3) For “.” at the end of paragraph (2)(m) substitute “ ; or ”.

(4) After paragraph (2)(m) insert—

“(n) where—

(i) the Defence and Security Public Contract Regulations 2011 apply; or

(ii) the application of those Regulations is excluded by regulation 9 (thresholds) or 7 (general exclusions) of those Regulations.”

Marginal Citations

M1 S.S.I. 2006/1; amended by S.I. 2007/2157 and S.S.I. 2007/565, 2008/94, 2008/291, 2008/376, 2009/428 and 2010/222. S.S.I. 2009/428 was amended by S.S.I. 2009/439.

Utilities Contracts Regulations 2006 U.K.

F4 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 para. 3 omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 43 (with reg. 5)

Utilities Contracts (Scotland) Regulations 2006 U.K.

4.—(1) Regulation 6 of the Utilities Contracts (Scotland) Regulations 2006 M2 is amended as follows.

(2) Delete the word “or” at the end of sub-paragraph (n)(ii).

(3) For “.” at the end of sub-paragraph (o) substitute “ ; or ”.

(4) After sub-paragraph (o) insert—

“(p) where—

(i) the Defence and Security Public Contracts Regulations 2011 apply; or

(ii) the application of those Regulations is excluded by regulation 9 (thresholds) or 7 (general exclusions) of those Regulations.”

Marginal Citations

M2 S.S.I. 2006/2; amended by S.I. 2007/2157 and S.S.I. 2007/565, 2008/94, 2008/291, 2008/376 and 2009/428. S.S.I. 2009/428 was amended by S.S.I. 2009/439.

Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009 U.K.

5.—(1) Regulation 9 of the Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009 M3 is amended as follows.

(2) After the words “the Public Contracts Regulations 2006” insert “ , ” and delete the word “or”.

(3) After the words “the Utilities Contracts Regulations 2006” insert “ or the Defence and Security Public Contracts Regulations 2011 ”.

Marginal Citations

M3 S.I. 2009/3244.