The Public Contracts Regulations 2015

Reserved contracts for certain servicesU.K.
This section has no associated Explanatory Memorandum

77.—(1) Contracting authorities may reserve to qualifying organisations the right to participate in procedures for the award of reservable public contracts.

(2) For that purpose, a contract is a reservable public contract only if it is exclusively for one or more of the services which are covered by CPV codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7, 80420000-4, 80430000-7, 80511000-9, 80520000-5, 80590000-6, from 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, and 98133110-8.

(3) In this regulation, “qualifying organisation” means an organisation which fulfils all of the following conditions:—

(a)its objective is the pursuit of a public service mission linked to the delivery of services referred to in paragraph (2);

(b)profits are reinvested with a view to achieving the organisation's objective, and any distribution of profits is based on participatory considerations;

(c)the structures of management or ownership of the organisation are (or will be, if and when it performs the contract) —

(i)based on employee ownership or participatory principles, or

(ii)require the active participation of employees, users or stakeholders; and

(d)the organisation has not been awarded, pursuant to this regulation, a contract for the services concerned by the contracting authority concerned within the past 3 years.

(4) The maximum duration of a contract awarded under this regulation shall not be longer than 3 years.

(5) Where a contracting authority exercises the power of reservation conferred by paragraph (1), the call for competition shall make reference to [F1this regulation].

F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments