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
F1Words in reg. 77(5) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(51) (with Sch. paras. 3-5)
F2Reg. 77(6) omitted (E.) (1.1.2024) by virtue of The Health Care Services (Provider Selection Regime) Regulations 2023 (S.I. 2023/1348), regs. 1(1), 28(a) (with regs. 2, 3, 29)