PART 1GENERAL
General exclusions7
1
These Regulations do not apply to the seeking of offers in relation to a proposed contract or framework agreement—
a
where the application of these Regulations would oblige the United Kingdom to supply information the disclosure of which it considers contrary to the essential interests of its security;
b
for the purposes of intelligence activities;
c
where the contract is to be awarded or the framework agreement is to be concluded in the framework of a cooperative programme based on research and development, conducted jointly by F2the United Kingdom and a member State for the development of a new product and, where applicable, the later phases of all or part of the life cycle of the product;
d
where the contract is to be awarded or the framework agreement is to be concluded in a State F3other than the United Kingdom or Gibraltar, including a contract or framework agreement for a civil purchase, carried out when forces are deployed outside F4United Kingdom and Gibraltar where operational needs require them to be concluded with economic operators located in the area of operations;
e
which is governed by specific procedural rules—
i
pursuant to an international agreement or arrangement concluded between the United Kingdom and F5another State;
ii
pursuant to a concluded international agreement or arrangement relating to the stationing of troops and concerning the undertakings of a member State or a State which is not a member State; or
iii
of an organisation, of which only States are members (an “international organisation”) or of which only States or international organisations are members, purchasing for its purposes;
f
which must be awarded by F6the United Kingdom in accordance with specific procedural rules of an organisation referred to in sub-paragraph (e)(iii);
g
for the acquisition of land F1...;
h
where a government is to award a contract to, or conclude a framework agreement with, another government relating to—
i
the supply of military equipment or sensitive equipment;
ii
work, works or services directly linked to such equipment; or
iii
work, works or services specifically for military purposes, or sensitive work or works or sensitive services;
i
for arbitration or conciliation services;
j
for financial services, with the exception of insurance services;
k
for employment and other contracts of service; or
l
for research and development services unless—
i
the benefits are to accrue exclusively to the contracting authority for its use in the conduct of its own affairs; and
ii
the services are to be wholly paid for by the contracting authority.
2
For the purposes of paragraph (1)(h) “government” means the State, regional or local government of a member State or a State which is not a member State.