PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 1SCOPE AND GENERAL PRINCIPLES

SECTION 1Scope

SUB-SECTION 3Exclusions

Public contracts awarded, and design contests organised, pursuant to international rules9

1

This Part does not apply to public contracts, or design contests, which the contracting authority is obliged to award or organise in accordance with procurement procedures which are different from those laid down by this Part and are established by F5...:—

a

a legal instrument creating international law obligations, such as an international agreement F2... between F1the United Kingdom and one or more other countries (or subdivisions of such countries) and covering works, supplies or services intended for the joint implementation or exploitation of a project by its signatories;

F6b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32

This Part does not apply to a relevant international public contract or design contest in a case where the applicable procurement rules restrict the participation of economic operators in the procedure.

2A

In the case of a relevant international public contract or design contest where the applicable procurement rules do not restrict the participation of economic operators in the procedure, the only provision of this Part that applies is regulation 25B (equal treatment of economic operators).

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In the case of contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules, regulation 17 applies instead of F8... this regulation.

F45

In this regulation, “relevant international public contract or design contest” means a public contract or design contest that—

a

the contracting authority awards or organises in accordance with procurement rules provided by an international organisation or international financing institution, and

b

is fully financed, or co-financed for the most part, by that organisation or institution.