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The Public Contracts Regulations 2015

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  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement, extent and application

    2. 2.Definitions

  3. PART 2

    1. CHAPTER 1

      1. SECTION 1

        1. SUB-SECTION 1

          Subject-matter and mixed procurement

          1. 3.Subject-matter and scope of Part 2

          2. 4.Mixed procurement

        2. SUB-SECTION 2

          Thresholds

          1. 5.Threshold amounts

          2. Methods for calculating the estimated value of procurement

          3. 6.Methods for calculating the estimated value of procurement

        3. SUB-SECTION 3

          Exclusions

          1. 7.Utilities

          2. 8.Specific exclusions in the field of electronic communications

          3. 9.Public contracts awarded, and design contests organised, pursuant to international rules

          4. 10.Specific exclusions for service contracts

          5. 11.Service contracts awarded on the basis of an exclusive right

          6. Public contracts between entities within the public sector

          7. 12.Public contracts between entities within the public sector

        4. SUB-SECTION 4

          Specific situations

          1. 13.Contracts subsidised by contracting authorities

          2. 14.Research and development services

          3. 15.Defence and security

          4. 16.Mixed procurement involving defence or security aspects

          5. 17.Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

      2. SECTION 2

        1. 18.Principles of procurement

        2. 19.Economic operators

        3. 20.Reserved contracts

        4. 21.Confidentiality

        5. Rules applicable to communication

        6. 22.Rules applicable to communication

        7. 23.Nomenclatures

        8. 24.Conflicts of interest

    2. CHAPTER 2

      1. SECTION 3

        1. 25.Conditions relating to the GPA and other international agreements

        2. Choice of procedures

        3. 26.Choice of procedures

        4. 27.Open procedure

        5. 28.Restricted procedure

        6. Competitive procedure with negotiation

        7. 29.Competitive procedure with negotiation

        8. Competitive dialogue

        9. 30.Competitive dialogue

        10. 31.Innovation partnership

        11. 32.Use of the negotiated procedure without prior publication

      2. SECTION 4

        1. 33.Framework agreements

        2. Dynamic purchasing systems

        3. 34.Dynamic purchasing systems

        4. 35.Electronic auctions

        5. Electronic catalogues

        6. 36.Electronic catalogues

        7. 37.Centralised purchasing activities and central purchasing bodies

        8. 38.Occasional joint procurement

        9. 39.Procurement involving contracting authorities from other member States

      3. SECTION 5

        1. SUB-SECTION 5

          Preparation

          1. 40.Preliminary market consultations

          2. 41.Prior involvement of candidates or tenderers

          3. 42.Technical specifications

          4. 43.Labels

          5. 44.Test reports, certificates and other means of proof

          6. 45.Variants

          7. 46.Division of contracts into lots

          8. 47.Setting time limits

        2. SUB-SECTION 6

          Publication and transparency

          1. 48.Prior information notices

          2. 49.Contract notices

          3. 50.Contract award notices

          4. 51.Form and manner of sending notices for publication at EU level

          5. Publication at national level

          6. 52.Publication at national level

          7. 53.Electronic availability of procurement documents

          8. 54.Invitations to candidates

          9. 55.Informing candidates and tenderers

        3. SUB-SECTION 7

          Choice of participants and award of contracts

          1. 56.General principles in awarding contracts etc

          2. Exclusion grounds

          3. 57.Exclusion grounds

          4. Selection criteria

          5. 58.Selection criteria

          6. European Single Procurement Document

          7. 59.European Single Procurement Document

          8. Means of proof

          9. 60.Means of proof

          10. 61.Recourse to e-Certis

          11. 62.Quality assurance standards and environmental management standards

          12. 63.Reliance on the capacities of other entities

          13. 64.Recognition of official lists of approved economic operators and certification by certification bodies

          14. 65.Reduction of the number of otherwise qualified candidates to be invited to participate

          15. 66.Reduction of the number of tenders and solutions

          16. 67.Contract award criteria

          17. 68.Life-cycle costing

          18. 69.Abnormally low tenders

      4. SECTION 6

        1. 70.Conditions for performance of contracts

        2. Subcontracting

        3. 71.Subcontracting

        4. 72.Modification of contracts during their term

        5. 73.Termination of contracts

    3. CHAPTER 3

      1. SECTION 7

        1. 74.Award of contracts for social and other specific services

        2. 75.Publication of notices

        3. 76.Principles of awarding contracts

        4. 77.Reserved contracts for certain services

      2. SECTION 8

        1. 78.Scope of Section 8

        2. 79.Notices

        3. 80.Rules on the organisation of design contests and the selection of participants

        4. 81.Composition of the jury

        5. 82.Decisions of the jury

    4. CHAPTER 4

      1. 83.Retention of contract copies

      2. Reporting and documentation requirements

      3. 84.Reporting and documentation requirements

  4. PART 3

    1. CHAPTER 5

      1. 85.Scope of Chapter 5

      2. 86.Notices of decisions to award a contract or conclude a framework agreement

      3. 87.Standstill period

    2. CHAPTER 6

      1. 88.Interpretation of Chapter 6

      2. 89.Duty owed to economic operators from EEA states

      3. 90.Duty owed to economic operators from certain other states

      4. 91.Enforcement of duties through the Court

      5. 92.General time limits for starting proceedings

      6. 93.Special time limits for seeking a declaration of ineffectiveness

      7. 94.Starting proceedings

      8. 95.Contract-making suspended by challenge to award decision

      9. 96.Interim orders

      10. 97.Remedies where the contract has not been entered into

      11. 98.Remedies where the contract has been entered into

      12. 99.Grounds for ineffectiveness

      13. 100.General interest grounds for not making a declaration of ineffectiveness

      14. 101.The consequences of ineffectiveness

      15. 102.Penalties in addition to, or instead of, ineffectiveness

      16. 103.Ineffectiveness etc. in relation to specific contracts based on a framework agreement

      17. 104.Injunctions against the Crown

  5. PART 4

    1. CHAPTER 7

      1. 105.Scope of Chapter 7

      2. 106.Publication of information on Contracts Finder where contract notices are used

      3. 107.Qualitative selection

      4. 108.Publication of information on Contracts Finder about contracts awarded

    2. CHAPTER 8

      1. 109.Scope of Chapter 8

      2. 110.Publication of contract opportunities on Contracts Finder

      3. 111.Assessing suitability etc

      4. 112.Publication of information on Contracts Finder about contracts awarded

    3. CHAPTER 9

      1. 113.Payment of undisputed invoices within 30 days by contracting authorities, contractors and subcontractors

      2. 114.General provisions applicable to Part 4

  6. PART 5

    1. 115.Interpretation of Part 6

    2. 116.Revocation and amendments

    3. 117.General saving in respect of certain concession contracts

    4. 118.General transitional provision and saving where procurement procedure commenced before 26th February 2015

    5. 119.Transitional provision and saving where utilities procurement procedure commenced before 26th February 2015

    6. 120.Temporary exemption and saving for certain NHS procurements

    7. 121.Transitory provision prior to full commencement of regulation 22(1) to (7)

    8. 122.Complying with regulation 113 before 1st April 2016

  7. Signature

    1. SCHEDULE 1

      CENTRAL GOVERNMENT AUTHORITIES

    2. SCHEDULE 2

      ACTIVITIES CONSTITUTING WORKS

    3. SCHEDULE 3

      SOCIAL AND OTHER SPECIFIC SERVICES

    4. SCHEDULE 4

      LIST OF PRODUCTS RELEVANT TO THRESHOLDS

    5. SCHEDULE 5

      PROFESSIONAL AND TRADE REGISTERS ETC.

    6. SCHEDULE 6

      CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS

      1. PART 1 Consequential amendments to Acts of Parliament

        1. 1.Late Payment of Commercial Debts (Interest) Act 1998

        2. 2.Greater London Authority Act 1999

        3. 3.(1) Section 355 (duties of waste collection authorities etc.) is...

        4. 4.(1) Section 356 (directions by the Mayor) is amended as...

        5. 5.(1) Section 358 (information about new waste contracts) is amended...

        6. 6.In section 359 (confidential information about waste contracts) in subsection...

        7. 7.(1) Section 360 (interpretation) is amended as follows.

        8. 8.Public Services (Social Value) Act 2012

        9. 9.Health and Social Care Act 2012

      2. PART 2 Consequential and miscellaneous amendments to other legislation

        1. 10.Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

        2. 11.Civil Procedure Rules 1998

        3. 12.Service Charges (Consultation Requirements) (England) Regulations 2003

        4. 13.Schools Forums (Wales) Regulations 2003

        5. 14.Service Charges (Consultation Requirements) (Wales) Regulations 2004

        6. 15.Utilities Contracts Regulations 2006

        7. 16.Provision of Services Regulations 2009

        8. 17.Quality Contracts Schemes (Tendering Requirements) (England) Regulations 2009

        9. 18.Cleaner Road Transport Vehicle Regulations 2011

        10. 19.Defence and Security Public Contracts Regulations 2011

        11. 20.Schools Forums (England) Regulations 2012

        12. 21.National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013

        13. 22.Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

        14. 23.In regulation 6(2)— (a) in sub-paragraph (a) for “the Public...

        15. 24.In regulation 8(3)(a) for “the Public Contracts Regulations 2006 or...

        16. 25.The provisions of the Utilities Contracts Regulations 2006 applied by...

        17. 26.Energy Savings Opportunity Scheme Regulations 2014

        18. 27.Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014

  8. Explanatory Note

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