Public Services Contracts Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/3228 |
| Year | 1993 |
1993No. 3228
PUBLIC PROCUREMENT
The Public Services Contracts
Regulations 1993
22ndDecember1993
22ndDecember1993
13thJanuary1994
ARRANGEMENT OF REGULATIONS
PART I
General
1. Title and commencement.
2. Interpretation.
3. Contracting authorities.
4. Services providers.
5. Application of the Regulations.
6. General exclusions.
7. Thresholds.
PART II
Technical Specifications
8. Technical specifications in contract documents
PART III
Procedures Leading to the Award of a Public Services Contract
9. Prior information notices.
10. Selection of contract award procedure.
11. The open procedure.
12. The restricted procedure.
13. The negotiated procedure.
PART IV
Selection of Services Providers
14. Criteria for the rejection of services providers.
15. Information as to economic and financial standing.
16. Information as to ability and technical capacity.
17. Supplementary information.
18. Official lists of recognised services providers.
19. Consortia.
20. Corporations.
PART V
The Award of a Public Services Contract
21. Criteria for the award of a public services contract.
22. Contract award notice.
23. Information about award procedure.
PART VI
Miscellaneous
24. Design contests.
25. Subsidised public services contracts.
26. Obligations relating to employment protection and working conditions.
27. Statistical and other reports.
28. Responsibility for obtaining reports.
29. Publication of notices.
30. Confidentiality of information.
31. Sub-contracting.
PART VII
Applications to the Court
32. Enforcement of obligations.
PART VIII
Amendments
33. Amendment of the Public Supply Contracts Regulations.
SCHEDULES
Schedule 1. Categories of services.
Schedule 2. Forms of notices for publication in the Official Journal.
The Treasury, being the Minister designated( a) for the purposes of section 2(2) of the European Communities Act 1972( b) in relation to public procurement, in exercise of the powers conferred on them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:-
(a) S. I. 1991/755.
(b) 1972 c.68.
PART I
GENERAL
Title and commencement
1. These Regulations may be cited as the Public Services Contracts Regulations 1993 and shall come into force on 13th January 1994.
Interpretation
2.-(1) In these Regulations-
"to award" means to accept an offer made in relation to a proposed contract;
"the Commission" means the Commission of the Communities;
"contract documents" means the invitation to tender for or to negotiate the contract, the proposed conditions of contract, the specifications or descriptions of the services required by the contracting authority and all documents supplementary thereto;
"contracting authority" has the meaning ascribed to it by regulation 3;
"contract notice" means a notice sent to the Official Journal in accordance with regulations 11(2), 12(2) or 13(2);
"design contest" means a competition particularly in the fields of planning, architecture, civil engineering and data processing-
(a) which is conducted by a contracting authority and in which it invites the entry of plans and designs;
(b) under the rules of which the plans or designs will be judged by a jury;
(c) under which prizes may or may not be awarded; and
(d) which enables the contracting authority to acquire the use or ownership of plans or designs selected by the jury;
"ECU" means the European Currency Unit as defined in Council Regulation (EEC) No. 3180/78( a);
"established" means the same as it does for the purposes of the Community Treaties;
"financial year" means the period of 12 months ending on 31st march in any year or, in relation to any person whose accounts are prepared in respect of a different 12 month period, that period of 12 months;
"government department" includes a Northern Ireland department or the head of such department;
"Minister of the Crown" means the holder of an office in Her Majesty's Government in the United Kingdom, and includes the Treasury;
"national of a member State" means, in the case of a person who is not an individual, a person formed in accordance with the laws of a member State and which has its registered office, central administration or principal place of business in a member State;
"negotiated procedure" means a procedure leading to the award of a contract whereby the contracting authority negotiates the terms of the contract with one or more persons selected by it;
"Official Journal" means the Official Journal of the Communities;
"open procedure" means a procedure leading to the award of a contract whereby all interested persons may tender for the contract;
"prior information notice" means a notice sent to the Official Journal in accordance with regulation 9;
"public services contract" means a contract in writing for consideration (whatever the nature of the consideration) under which a contracting authority engages a person to provide services but does not include-
(a) a contract of employment or other contract of services;
(a) OJ No. L379, 30.12.78, p.1, as amended by Council Regulation (EC) No. 2626/84 (OJ No. L247, 16.9.84, p.1) and Council Regulation EEC No. 1971/89 (OJ No. L189, 4.7.89, p.1).
(b) a public works contract within the meaning of the Public Works Contracts Regulations 1991( a);
(c) a public supply contract within the meaning of the Public Supply Contracts Regulations 1991( b);
(d) any contract where the contracting authority is a utility within the meaning of regulation 3 of the Utilities Supply and Works Contracts Regulations 1992( c) and the services are to be provided under it for the purposes of carrying out an activity specified in the Part of Schedule 1 of those Regulations in which the utility is specified; or
(e) a contract under which a contracting authority engages a person to provide services to the public lying within its responsibility and under which the consideration given by the contracting authority consists of or includes the right to exploit the provision of the services.
"restricted procedure" means a procedure leading to the award of a contract whereby only persons selected by the contracting authority may submit tenders for the contract;
"services provider" has the meaning ascribed to it by regulation 4;
"working day" means a day other than a Saturday, Sunday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971( d);
"year" means a calendar year.
(2) For the purposes of these regulations-
(a) "a part A services contract" is a contract under which services specified in Part A of Schedule 1 are to be provided;
(b) "a Part B services contract" is a contract under which services in Part B of Schedule 1 are to be provided,
and, where services specified in both Parts A and B are to be provided under a single contract, then-
(i) the contract shall be treated as 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
(ii) the contract shall be treated as a Part B services contract if the value of the consideration attributable to the services specified in Part B is equal to or greater than that attributable to those specified in Part A.
(3) The value in the currency of any member State of any amount expressed in these Regulations in ECU shall be determined by reference to the rate for the time being applying for the purposes of Council Directive 92/50/EEC( e) as published from time to time in the Official Journal( f).
(4) Where a thing is required to be done under these Regulations-
(a) within a period after an action is taken, the day on which that action was taken shall not be counted in the calculation of that period.
(b) within a certain period, that period must include 2 working days;
(c) within a period and the last day of that period is not a working day, the period shall be extended to include the following working day.
(5) References in these Regulations to a regulation are references to a regulation in these Regulations and references to a Schedule are references to a Schedule to these Regulations.
(a) S. I. 1991/2680 as amended by S. I. 1992/2379.
(b) S. I. 1991/2679 as amended by S. I. 1992/3279.
(c) S. I. 1992/3279 as amended by S. I. 1993/3227.
(d) 1971 c. 80.
(e) OJ No. L209, 24.7.92, p.1.
(f) The rates are determined for each successive period of two years by calculating the average of the daily exchange rates between each currently and the ECU in a period of 24 months preceding the determination.
3.-(1) For the purposes of these Regulations each of the following is a "contracting authority"-
(a) a Minister of the Crown,
(b) a government department,
(c) the House of Commons,
(d) the House of Lords,
(e) the Northern Ireland Assembly,
(f) a local authority,
(g) a fire authority constituted by a combination scheme under the Fire Services Act 1947( a),
(h) the Fire Authority for Northern Ireland,
(i) a police authority constituted under section 2 of the Police Act 1964( b) or a combined police authority established by an amalgamation scheme under that Act,
(j) the Police Authority for Northern Ireland,
(k) an authority established under section 10 of the Local Government Act 1985( c),
(l) a joint authority established by Part IV of that Act,
(m) any body established pursuant to an order under section 67 of that Act,
(n) the Broads Authority,
(o) any joint board the constituent members of which consist of any of the bodies specified in paragraphs (f), (g), (i), (k), (l), (m) and (n) above,
(p) a joint or special planning board constituted for a National Park by an order under paragraphs 1 or 3 of Schedule 17 to the Local Government Act 1972( d),
(q) a joint education board constituted under the provisions of Part I of the First Schedule to the Education Act 1944( e),
(r) a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general...
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