Scope of Section 8U.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 [F1inclusive] 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 [F2inclusive] 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
F1Word 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)
F2Word 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)