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The Public Contracts Regulations 2015

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement, extent and application

    2. 2.Definitions

  3. PART 2 RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

    1. CHAPTER 1 SCOPE AND GENERAL PRINCIPLES

      1. SECTION 1 Scope

        1. SUB-SECTION 1

          Subject-matter and mixed procurement

          1. 3.Subject-matter and scope of Part 2

          2. 4.Mixed procurement

        2. SUB-SECTION 2

          Thresholds

          1. 5.Threshold amounts

          2. 5A.Review and amendment of certain thresholds

          3. 6.Methods for calculating the estimated value of procurement

        3. SUB-SECTION 3

          Exclusions

          1. 7.Contracts in the water, energy, transport and postal services sectors

          2. 8.Specific exclusions in the field of electronic communications

          3. 9.Public contracts awarded, and design contests organised, pursuant to international rules

          4. 10.Specific exclusions for service contracts

          5. 11.Service contracts awarded on the basis of an exclusive right

          6. 12.Public contracts between entities within the public sector

          7. 12A.Contracts and framework agreements for health care services

        4. SUB-SECTION 4

          Specific situations

          1. 13.Contracts subsidised by contracting authorities

          2. 14.Research and development services

          3. 15.Defence and security

          4. 16.Mixed procurement involving defence or security aspects

          5. 17.Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

      2. SECTION 2 General Rules

        1. 18.Principles of procurement

        2. 19.Economic operators

        3. 20.Reserved contracts

        4. 21.Confidentiality

        5. 22.Rules applicable to communication

        6. 22A.Powers to amend regulation 22

        7. 23.Nomenclatures

        8. 24.Conflicts of interest

    2. CHAPTER 2 RULES ON PUBLIC CONTRACTS

      1. SECTION 3 Procedures

        1. 25.Conditions relating to international agreements by which the EU is bound, other than the GPA

        2. 25A.Conditions relating to the GPA

        3. 25B.Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

        4. 26.Choice of procedures

        5. 27.Open procedure

        6. 28.Restricted procedure

        7. 29.Competitive procedure with negotiation

        8. 30.Competitive dialogue

        9. 31.Innovation partnership

        10. 32.Use of the negotiated procedure without prior publication

      2. SECTION 4 Techniques and Instruments for Electronic and Aggregated Procurement

        1. 33.Framework agreements

        2. 34.Dynamic purchasing systems

        3. 35.Electronic auctions

        4. 36.Electronic catalogues

        5. 37.Centralised purchasing activities and central purchasing bodies

        6. 38.Occasional joint procurement

        7. 39.Procurement involving contracting authorities from other member States

      3. SECTION 5 Conduct of the Procedure

        1. SUB-SECTION 5

          Preparation

          1. 40.Preliminary market consultations

          2. 41.Prior involvement of candidates or tenderers

          3. 42.Technical specifications

          4. 43.Labels

          5. 44.Test reports, certificates and other means of proof

          6. 45.Variants

          7. 46.Division of contracts into lots

          8. 47.Setting time limits

        2. SUB-SECTION 6

          Publication and transparency

          1. 48.Prior information notices

          2. 49.Contract notices

          3. 50.Contract award notices

          4. 51.Publication on the UK e-notification service

          5. 52.Publication otherwise than on the UK e-notification service

          6. 53.Electronic availability of procurement documents

          7. 54.Invitations to candidates

          8. 55.Informing candidates and tenderers

        3. SUB-SECTION 7

          Choice of participants and award of contracts

          1. 56.General principles in awarding contracts etc

          2. 57.Exclusion grounds

          3. 58.Selection criteria

          4. 59.... Single Procurement Document

          5. 60.Means of proof

          6. 61.Recourse to e-Certis

          7. 62.Quality assurance standards and environmental management standards

          8. 63.Reliance on the capacities of other entities

          9. 64.Recognition of official lists of approved economic operators and certification by certification bodies

          10. 65.Reduction of the number of otherwise qualified candidates to be invited to participate

          11. 66.Reduction of the number of tenders and solutions

          12. 67.Contract award criteria

          13. 68.Life-cycle costing

          14. 69.Abnormally low tenders

      4. SECTION 6 Contract Performance

        1. 70.Conditions for performance of contracts

        2. 71.Subcontracting

        3. 72.Modification of contracts during their term

        4. 73.Termination of contracts

    3. CHAPTER 3 PARTICULAR PROCUREMENT REGIMES

      1. SECTION 7 Social and Other Specific Services

        1. 74.Award of contracts for social and other specific services

        2. 75.Publication of notices

        3. 76.Principles of awarding contracts

        4. 77.Reserved contracts for certain services

      2. SECTION 8 Rules Governing Design Contests

        1. 78.Scope of Section 8

        2. 79.Notices

        3. 80.Rules on the organisation of design contests and the selection of participants

        4. 81.Composition of the jury

        5. 82.Decisions of the jury

    4. CHAPTER 4 RECORDS AND REPORTS

      1. 83.Retention of contract copies

      2. 84.Reporting and documentation requirements

    5. CHAPTER 4A REGULATIONS UNDER THIS PART

      1. 84A.General provisions about regulations under this Part

  4. PART 3 REMEDIES

    1. CHAPTER 5 FACILITATION OF REMEDIES

      1. 85.Scope of Chapter 5

      2. 86.Notices of decisions to award a contract or conclude a framework agreement

      3. 87.Standstill period

    2. CHAPTER 6 APPLICATIONS TO THE COURT

      1. 88.Interpretation of Chapter 6

      2. 89.Duty owed to economic operators from the United Kingdom and Gibraltar

      3. 90.Duty owed to economic operators from countries with whom the EU has an international agreement, other than the GPA

      4. 90A.Duty owed to economic operators from GPA parties

      5. 90B.Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

      6. 91.Enforcement of duties through the Court

      7. 92.General time limits for starting proceedings

      8. 93.Special time limits for seeking a declaration of ineffectiveness

      9. 94.Starting proceedings

      10. 95.Contract-making suspended by challenge to award decision

      11. 96.Interim orders

      12. 97.Remedies where the contract has not been entered into

      13. 98.Remedies where the contract has been entered into

      14. 99.Grounds for ineffectiveness

      15. 100.General interest grounds for not making a declaration of ineffectiveness

      16. 101.The consequences of ineffectiveness

      17. 102.Penalties in addition to, or instead of, ineffectiveness

      18. 103.Ineffectiveness etc. in relation to specific contracts based on a framework agreement

      19. 104.Injunctions against the Crown

  5. PART 4 MISCELLANEOUS OBLIGATIONS

    1. CHAPTER 7 ADDITIONAL RULES FOR PART 2 PROCUREMENTS

      1. 105.Scope of Chapter 7

      2. 106.Publication of information on Contracts Finder where contract notices are used

      3. 107.Qualitative selection

      4. 108.Publication of information on Contracts Finder about contracts awarded

    2. CHAPTER 8 BELOW-THRESHOLD PROCUREMENTS

      1. 109.Scope of Chapter 8

      2. 110.Publication of contract opportunities on Contracts Finder

      3. 111.Assessing suitability etc

      4. 112.Publication of information on Contracts Finder about contracts awarded

    3. CHAPTER 9 MISCELLANEOUS PROVISIONS

      1. 113.Payment of undisputed invoices within 30 days by contracting authorities, contractors and subcontractors

      2. 113A.Contractual provisions relating to the processing of electronic invoices

      3. 113B.Application of regulation 113A to sub-central contracting authorities

      4. 114.General provisions applicable to Part 4

  6. PART 5 REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

    1. 115.Interpretation of Part 6

    2. 116.Revocation and amendments

    3. 117.General saving in respect of certain concession contracts

    4. 118.General transitional provision and saving where procurement procedure commenced before 26th February 2015

    5. 119.Transitional provision and saving where utilities procurement procedure commenced before 26th February 2015

    6. 120.Temporary exemption and saving for certain NHS procurements

    7. 121.Transitory provision prior to full commencement of regulation 22(1) to (7)

    8. 122.Complying with regulation 113 before 1st April 2016

  7. Signature

    1. SCHEDULE 1

      CENTRAL GOVERNMENT AUTHORITIES

      1. PART 1 GPA ANNEX 1 CONTRACTING AUTHORITIES

      2. PART 2 OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

    2. SCHEDULE 1A

      PARTIES TO THE GPA

    3. SCHEDULE 2

      ACTIVITIES CONSTITUTING WORKS

      1. In this Schedule, ‘NACE Rev.1’ has the same meaning as...

    4. SCHEDULE 3

      SOCIAL AND OTHER SPECIFIC SERVICES

    5. SCHEDULE 4

      LIST OF PRODUCTS RELEVANT TO THRESHOLDS

      1. The products covered by this Schedule are those specified in...

    6. SCHEDULE 4A

      INTERNATIONAL TRADE AGREEMENTS

    7. SCHEDULE 5

      PROFESSIONAL AND TRADE REGISTERS ETC.

      1. . . . . . . . . . ....

    8. SCHEDULE 6

      CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

      1. PART 1 Consequential amendments to Acts of Parliament

        1. 1.Late Payment of Commercial Debts (Interest) Act 1998

        2. 2.Greater London Authority Act 1999

        3. 3.(1) Section 355 (duties of waste collection authorities etc.) is...

        4. 4.(1) Section 356 (directions by the Mayor) is amended as...

        5. 5.(1) Section 358 (information about new waste contracts) is amended...

        6. 6.In section 359 (confidential information about waste contracts) in subsection...

        7. 7.(1) Section 360 (interpretation) is amended as follows.

        8. 8.Public Services (Social Value) Act 2012

        9. 9.Health and Social Care Act 2012

      2. PART 2 Consequential and miscellaneous amendments to other legislation

        1. 10.Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

        2. 11.Civil Procedure Rules 1998

        3. 12.Service Charges (Consultation Requirements) (England) Regulations 2003

        4. 13.Schools Forums (Wales) Regulations 2003

        5. 14.Service Charges (Consultation Requirements) (Wales) Regulations 2004

        6. 15.Utilities Contracts Regulations 2006

        7. 16.Provision of Services Regulations 2009

        8. 17.Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009

        9. 18.Cleaner Road Transport Vehicle Regulations 2011

        10. 19.Defence and Security Public Contracts Regulations 2011

        11. 20.Schools Forums (England) Regulations 2012

        12. 21.National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013

        13. 22.Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

        14. 23.In regulation 6(2)— (a) in sub-paragraph (a) for “the Public...

        15. 24.In regulation 8(3)(a) for “the Public Contracts Regulations 2006 or...

        16. 25.The provisions of the Utilities Contracts Regulations 2006 applied by...

        17. 26.Energy Savings Opportunity Scheme Regulations 2014

        18. 27.Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014

  9. Explanatory Note

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