Regulations 3(1), 14(4), 17(20), and 32(1) and (2)
Textual Amendments
F1Sch. 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)
| 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)
| 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)
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Textual Amendments
F2Sch. 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
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 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)
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
M1S.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.
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 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)
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
M2S.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.
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