Civil Engineering Reference
In-Depth Information
of the Regulations. Schedule 1 to the Regulations lists central government bodies
which are subject to the World Trade Organisation Government Procurement Agree-
ment. The Regulations apply to contracts to be awarded by these bodies with an esti-
mated value which is expected to exceed a threshold currently of £113,057 (€130,000)
inrelationtopublicsupplycontractsorpublicservicescontracts,withtheexceptionof
PartB(residual)services,Research&DevelopmentServices,certainTelecommunica-
tions services in Category 5 and subsidised services contracts. hese have a threshold
currently of £173,934 (€200,000). A higher threshold applies in respect of other pub-
lic sector contracting authorities; the Regulations apply where public supply contracts
andpublicservicescontractsaretobeawardedbyacontractingauthoritywhichisnot
listed in Schedule 1 to those Regulations, if the estimated value is expected to exceed
currently £173,934 (€200,000).
The estimated value of a public contract shall be the value of the total consideration
payable, net of value added tax, which the contracting authority expects to be payable
under the contract, and any form of option, renewal of the contract, fees or commis-
sionswhicharetobeincludedinthecalculation,seeregulation8(7)andregulation
8(8) of the Regulations.
A specific aggregation rule requires a contracting authority which has a single
requirement for goods, services or works and enters (or proposes to enter) into a
number of contracts, to aggregate for the purposes of regulation 8(1) the considera-
tion expected to be payable under each of those contracts, see regulation 8(11) of the
Regulations.
Regulation 8 of the Regulations contains a number of other relevant considerations
and requirements in relation to contract value thresholds, but importantly provides
thatacontractingauthorityshallnotenterintoseparatecontractsnorexerciseachoice
under a valuation method with the intention of avoiding the application of the Regu-
lations, see regulation 8(19) of the Regulations.
2.8 Is there an applicable exclusion?
The Regulations do not apply to the seeking of offers in relation to a proposed public
contract, framework agreement or dynamic purchasing system where the contract-
ing authority is a utility within the meaning of regulation 3 of the Utilities Contracts
(Scotland) Regulations 2012, nor to other contracts which meet certain other condi-
tions, see regulation 6(1) of the Regulations. Regulation 6(2) contains certain other
exemptions, for contracts:
•
in relation to telecommunications;
•
which are secret or require special security measures;
•
for the acquisition of land, including existing buildings, land covered with water
and any estate, interest, easement, servitude or right in or over land;
•
in relation to broadcasting;
•
for arbitration or conciliation services;
•
for certain financial services;
•
for central banking services;
