xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

PART 2SRULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 1SSCOPE AND GENERAL PRINCIPLES

SECTION 1SScope

ThresholdsS

5.—(1) These Regulations apply to a procurement where the estimated value of the contract to be awarded ([F1inclusive of value added tax, where appropriate]) is equal to or greater than—

(a)in the case of a public works contract (except a subsidised public works contract), [F2£5,372,609];

(b)in the case of a public supply contract, except one to which paragraph (2)(b) applies, or a public service contract (except a subsidised public service contract) to be awarded by a central government authority or a design contest organised by such an authority, [F3£139,688];

(c)in the case of a public supply contract, except one to which paragraph (2)(a) applies, or a public service contract (except a subsidised public service contract) to be awarded by a sub‑central contracting authority or a design contest organised by such an authority, [F4£214,904];

(d)in the case of a public service contract for a service listed in Schedule 3 (social and other specified services), [F5£663,540].

(2) Where the procurement is for the award of a public supply contract by a contracting authority operating in the field of defence—

(a)the amount specified in regulation 5(1)(b) applies to contracts concerning products referred to in Schedule 4 even where the contracting authority is a sub-central contracting authority; and

(b)the amount specified in regulation 5(1)(c) applies to contracts concerning products not referred to in Schedule 4 even where the contracting authority is a central government authority.

(3) Where a proposed work, acquisition of supplies or provision of services may be procured in the form of separate lots these Regulations do not apply to the award of a contract for a lot where—

(a)the estimated value of that lot is less than—

(i)[F6£70,778], in the case of supplies or services; or

(ii)[F7£884,720], in the case of works; and

(b)the estimated total aggregate value of all such lots to be awarded without application of these Regulations does not exceed 20% of the estimated aggregate value of all the lots calculated in accordance with [F8regulation 6(1)(a)] (methods for calculating the estimated value).

[F9(3A) For the avoidance of doubt, in determining for the purpose of paragraph (3)(b) the estimated aggregate value of all the lots, no account is to be taken of a lot if its estimated value is taken to be a certain amount by virtue of regulation 6(1)(b) (rather than being an amount calculated in accordance with regulation 6(1)(a)).]

(4) In this Regulation reference to a “contract” includes reference to a framework agreement, dynamic purchasing system or design contest.

F10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments