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.