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17.—(1) This Part does not apply to public contracts, or design contests, involving defence or security aspects which the contracting authority is obliged to award or organise in accordance with procurement procedures which are different from those laid down by this Part and are established by any of the following:—
(a)an international agreement or arrangement, concluded in conformity with the [F1Retained] Treaties, between [F2the United Kingdom] and one or more [F3other] countries (or subdivisions of such countries) and covering works, supplies or services intended for the joint implementation or exploitation of a project by its signatories;
(b)an international agreement or arrangement relating to the stationing of troops and concerning the undertakings of [F4the United Kingdom or another] country;
(c)an international organisation.
(2) This Part does not apply to public contracts, or design contests, involving defence or security aspects which the contracting authority awards [F5or organises] in accordance with procurement rules provided by an international organisation or international financing institution where the public contracts or design contests concerned are fully financed by that organisation or institution.
(3) In the case of public contracts, or design contests, co-financed for the most part by an international organisation or international financing institution, the parties shall agree on applicable procurement procedures.
Textual Amendments
F1Word in reg. 17(1)(a) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(15)(a)(i) (with Sch. paras. 3-5)
F2Words in reg. 17(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(15)(a)(ii) (with Sch. paras. 3-5)
F3Word in reg. 17(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(15)(a)(iii) (with Sch. paras. 3-5)
F4Words in reg. 17(1)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(15)(b) (with Sch. paras. 3-5)
F5Words in reg. 17(2) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 7 (with reg. 5)
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