The Defence and Security Public Contracts Regulations 2011

Statistical and other reports U.K.

46.—(1) Subject to regulation 47, a contracting authority which is not the Secretary of State for Defence shall, not later than 31st July in each year, send to the Cabinet Office or, where paragraph (3) applies, to the Ministry of Defence a report specifying in relation to each contract awarded by it or framework agreement concluded by it during the reporting period—

(a) whether the contract was a services contract, a supply contract or a works contract;

(b) whether the framework agreement was for the provision of services, for the purchase or hire of goods or for the carrying out of work or works;

(c) the value (estimated if necessary) of the consideration payable under the contract or framework agreement;

(d) whether the restricted procedure, the negotiated procedure or the competitive dialogue procedure was used;

(e) if the negotiated procedure was used without the prior publication of a contract notice, under which provision of regulation 16 that procedure was used;

(f) in the case of—

(i) a services contract or a framework agreement for the provision of services, the principal category of service provided or to be provided under the contract or framework agreement according to the nomenclature used in Schedule 2;

(ii) a supply contract or a framework agreement for the purchase or hire of goods, the type of goods purchased or hired or to be purchased or hired under the contract or framework agreement; and

(iii) a works contract or a framework agreement for the carrying out of works, the principal category of works carried out or to be carried out under the contract or framework agreement according to the nomenclature used in Schedule 1; and

(g) the nationality of any economic operator to which the contract was awarded or the framework agreement was concluded and the State in which that economic operator is established.

(2) Subject to regulation 47, a contracting authority which is not the Secretary of State for Defence shall send to the Cabinet Office or, where paragraph (3) applies, to the Ministry of Defence a report containing such other information as the Cabinet Office or the Ministry of Defence, as appropriate, may from time to time require in respect of a particular contract or framework agreement (including a contract or framework agreement which is excluded from the application of these Regulations by regulation 7 or 9) for the purposes of providing the Commission with information.

[F1 (3) This paragraph applies where the contracting authority is—

(a) a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts Regulations 2015 and the Secretary of State for Defence is the authority referred to in sub-paragraph (c) of that definition for that body or the financing, supervisory or appointing body,

[F2 (b) a “body governed by public law” within the meaning of regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 and the Secretary of State for Defence is the authority referred to in any of the sub-paragraphs (a) to (c) of that definition for that body or the financing, supervisory or appointing body, or

(c) an associated formed by either the Secretary of State for Defence or one or more bodies governed by public law within the meaning of (a) or (b).]

(4) In this regulation “the reporting period” means the year preceding the year in which the reports referred to in paragraph (1) are to be made.]

Textual Amendments

F1 Reg. 46(3) substituted (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 19(10)

F2 Reg. 46(3)(b)(c) substituted for both reg. 46(3)(b) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), sch. 6 para. 6(6) (with regs. 3-18, 99-101)