PART 2 U.K.RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 3 U.K.PARTICULAR PROCUREMENT REGIMES

SECTION 8 U.K.Rules Governing Design Contests

Scope of Section 8 U.K.

78.—(1) This Section applies to—

(a) design contests organised as part of a procedure leading to the award of a public service contract;

(b) design contests with prizes or payments to participants.

(2) In the cases referred to in paragraph (1)(a), the threshold mentioned in regulation 5 shall be calculated on the basis of the estimated value [F1 inclusive] of VAT of the public service contract, including any possible prizes or payments to participants.

(3) In the cases referred to in paragraph (1)(b), the threshold mentioned in regulation 5 shall be calculated on the basis of the total amount of the prizes and payments, including the estimated value [F2 inclusive] of VAT of the public services contract which might subsequently be concluded following a negotiated procedure without prior publication in accordance with regulation 32(7) and (8) if the contracting authority has announced its intention to award such a contract in the contest notice.

Textual Amendments

F1 Word in reg. 78(2) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(d)(i) (with reg. 7)

F2 Word in reg. 78(3) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(d)(ii) (with reg. 7)