Public Contracts Regulations 2015 - Regulation 109

Regulation 109 - Scope of Chapter 8

This Regulation defines the scope of Chapter 8 which applies to contracts with a value below the thresholds of Regulation 5. This chapter is particularly important as it constitutes the first time contracts below-thresholds are subject to regulations. As such, the rules contained within Chapter 8 are purely national.

Most of the Regulation deals with exceptions to the coverage rules as not all contracts excluded from application of Part 2 are subject to Chapter 8. Contracts that would not be covered for reasons other than value are not included for example. Contracts with a value below £10,000 are also excluded.

There are also exceptions dependant on the contracting authority and the contract value. As such, contracts valued at less than £25,000 and awarded by the NHS or a sub-central contracting authority are not covered either. The NHS benefits from another derogation, as the procurement of health care services for the purposes of the NHS as defined by National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013(1) are excluded as well.

Finally, Regulations 110 and 112 are not applicable when the contracting authority is a maintained school or an Academy.

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