Civil Engineering Reference
In-Depth Information
A contract for services which includes works elements (i.e. activities specified in
Schedule 2 to the Regulations) that are only incidental to the principal object of the
contract shall be considered to be a public services contract. This is similar to the test
developed by the ECJ in its judgments on certain public procurement cases under the
preceding Directives, see
Telaustria Verlags GmbH
v.
Telekom Austria AG
[2000], and
Gestión Hotelera Internacional SA
v.
Comunidad Autonama de Canarias
(1994).
2.6.6 Part A and Part B services
The procedures which must be followed under the Regulations differ according to
whether the contract to be awarded is a contract for Part A services (commonly
referred to as 'priority' services) or for Part B services (commonly referred to as
'residual' services). In terms of the Regulations, a Part A services contract is a contract
under which services under Part A of Schedule 3 are to be provided, such as financial
services, computer and related services and architectural services. Similarly, a Part B
services contract is a contract under which services specified in Part B of Schedule
3 are to be provided, such as health and social services and legal services. The full
procedures apply in respect of Part A services, but not in respect of Part B services
(though this distinction is likely to be abolished in the future, see Section 2.19). The
general principles of transparency, equal treatment and non discrimination, and the
regulations in relation to the enforcement of obligations do apply in relation to Part B
services.
A single contract for services specified in both Parts A and B of Schedule 3 to the
Regulationsisrequiredtobetreatedas:
•
a Part A services contract if the value of the consideration attributable to the
services specified in Part A is greater than that attributable to those specified in
Part B; and
•
aPartBservicescontractifthevalueoftheconsiderationattributabletotheservices
specified in Part B is equal to or greater than that attributable to those specified in
Part A.
2.7 What are the relevant financial thresholds?
he Regulationsonly requireto be followed by contractingauthoritiesfor certaincon-
tracts whose estimated value (net of VAT) exceeds a particular threshold amount, see
regulation 8(1) of the Regulations.
In respect of the award of public works contracts and subsidised public works con-
tracts, the Regulations apply to contracts to be awarded by a contracting authority
which have an estimated value which is expected to exceed a threshold currently of
£4,348,350 (€5,000,000), see regulation 8(2) of the Regulations.
For public supply contracts or public services contracts a distinction must be made
between two categories of public sector bodies, see regulation 8(3) and regulation 8(4)
