The Public Contracts Regulations 2015 (revoked)

1Citation, commencement, extent and application

PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 1SCOPE AND GENERAL PRINCIPLES

SUB-SECTION 1Subject-matter and mixed procurement

3Subject-matter and scope of Part 2

4Mixed procurement

SUB-SECTION 2Thresholds

5Threshold amounts

5AReview and amendment of certain thresholds

6Methods for calculating the estimated value of procurement

SUB-SECTION 3Exclusions

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

8Specific exclusions in the field of electronic communications

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

10Specific exclusions for service contracts

11Service contracts awarded on the basis of an exclusive right

12Public contracts between entities within the public sector

12AContracts and framework agreements for health care services

SUB-SECTION 4Specific situations

13Contracts subsidised by contracting authorities

14Research and development services

15Defence and security

16Mixed procurement involving defence or security aspects

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

SECTION 2General Rules

18Principles of procurement

19Economic operators

20Reserved contracts

21Confidentiality

22Rules applicable to communication

22APowers to amend regulation 22

23Nomenclatures

24Conflicts of interest

CHAPTER 2RULES ON PUBLIC CONTRACTS

SECTION 3Procedures

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

25AConditions relating to the GPA

25BConditions relating to international agreements by which the United Kingdom is bound, other than the GPA

26Choice of procedures

27Open procedure

28Restricted procedure

29Competitive procedure with negotiation

30Competitive dialogue

31Innovation partnership

32Use of the negotiated procedure without prior publication

SECTION 4Techniques and Instruments for Electronic and Aggregated Procurement

33Framework agreements

34Dynamic purchasing systems

35Electronic auctions

36Electronic catalogues

37Centralised purchasing activities and central purchasing bodies

38Occasional joint procurement

39Procurement involving contracting authorities from other member States

SECTION 5Conduct of the Procedure

SUB-SECTION 5Preparation

40Preliminary market consultations

41Prior involvement of candidates or tenderers

42Technical specifications

44Test reports, certificates and other means of proof

46Division of contracts into lots

47Setting time limits

SUB-SECTION 6Publication and transparency

48Prior information notices

49Contract notices

50Contract award notices

51Publication on the UK e-notification service

52Publication otherwise than on the UK e-notification service

53Electronic availability of procurement documents

54Invitations to candidates

55Informing candidates and tenderers

SUB-SECTION 7Choice of participants and award of contracts

56General principles in awarding contracts etc

57Exclusion grounds

58Selection criteria

59... Single Procurement Document

60Means of proof

61Recourse to e-Certis

62Quality assurance standards and environmental management standards

63Reliance on the capacities of other entities

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

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

66Reduction of the number of tenders and solutions

67Contract award criteria

68Life-cycle costing

69Abnormally low tenders

SECTION 6Contract Performance

70Conditions for performance of contracts

71Subcontracting

72Modification of contracts during their term

73Termination of contracts

CHAPTER 3PARTICULAR PROCUREMENT REGIMES

SECTION 7Social and Other Specific Services

74Award of contracts for social and other specific services

75Publication of notices

76Principles of awarding contracts

77Reserved contracts for certain services

SECTION 8Rules Governing Design Contests

78Scope of Section 8

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

81Composition of the jury

82Decisions of the jury

CHAPTER 4RECORDS AND REPORTS

83Retention of contract copies

84Reporting and documentation requirements

CHAPTER 4AREGULATIONS UNDER THIS PART

84AGeneral provisions about regulations under this Part

CHAPTER 5FACILITATION OF REMEDIES

85Scope of Chapter 5

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

87Standstill period

CHAPTER 6APPLICATIONS TO THE COURT

88Interpretation of Chapter 6

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

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

90ADuty owed to economic operators from GPA parties

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

91Enforcement of duties through the Court

92General time limits for starting proceedings

93Special time limits for seeking a declaration of ineffectiveness

94Starting proceedings

95Contract-making suspended by challenge to award decision

96Interim orders

97Remedies where the contract has not been entered into

98Remedies where the contract has been entered into

99Grounds for ineffectiveness

100General interest grounds for not making a declaration of ineffectiveness

101The consequences of ineffectiveness

102Penalties in addition to, or instead of, ineffectiveness

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

104Injunctions against the Crown

PART 4MISCELLANEOUS OBLIGATIONS

CHAPTER 7ADDITIONAL RULES FOR PART 2 PROCUREMENTS

105Scope of Chapter 7

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

107Qualitative selection

108Publication of information on Contracts Finder about contracts awarded

CHAPTER 8BELOW-THRESHOLD PROCUREMENTS

109Scope of Chapter 8

110Publication of contract opportunities on Contracts Finder

111Assessing suitability etc

112Publication of information on Contracts Finder about contracts awarded

CHAPTER 9MISCELLANEOUS PROVISIONS

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

113AContractual provisions relating to the processing of electronic invoices

113BApplication of regulation 113A to sub-central contracting authorities

114General provisions applicable to Part 4

PART 5REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

115Interpretation of Part 6

116Revocation and amendments

117General saving in respect of certain concession contracts

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

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

120Temporary exemption and saving for certain NHS procurements

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

122Complying with regulation 113 before 1st April 2016

SCHEDULE 1CENTRAL GOVERNMENT AUTHORITIES

PART 1GPA ANNEX 1 CONTRACTING AUTHORITIES

PART 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

SCHEDULE 1APARTIES TO THE GPA

SCHEDULE 2ACTIVITIES CONSTITUTING WORKS

SCHEDULE 3SOCIAL AND OTHER SPECIFIC SERVICES

SCHEDULE 4LIST OF PRODUCTS RELEVANT TO THRESHOLDS

SCHEDULE 4AINTERNATIONAL TRADE AGREEMENTS

SCHEDULE 5PROFESSIONAL AND TRADE REGISTERS ETC.

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

SCHEDULE 6CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

PART 1Consequential amendments to Acts of Parliament

1Late Payment of Commercial Debts (Interest) Act 1998

2Greater London Authority Act 1999

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

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

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

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

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

8Public Services (Social Value) Act 2012

9Health and Social Care Act 2012

PART 2Consequential and miscellaneous amendments to other legislation

10Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

11Civil Procedure Rules 1998

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

13Schools Forums (Wales) Regulations 2003

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

15Utilities Contracts Regulations 2006

16Provision of Services Regulations 2009

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

18Cleaner Road Transport Vehicle Regulations 2011

19Defence and Security Public Contracts Regulations 2011

20Schools Forums (England) Regulations 2012

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

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

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

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

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

26Energy Savings Opportunity Scheme Regulations 2014

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

2015 No. 102

Public Procurement

The Public Contracts Regulations 2015 (revoked)F1

Made4th February 2015

Laid before Parliament5th February 2015

Coming into force in accordance with regulation 1(2) to (6)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .