Do the 2015 Regulations apply?
The 2015 Regulations will apply if:
- a contract is being procured which meets the definition of a "public service contract", "public supply contract" or "public works contract" in the 2015 Regulations; and
- the body procuring it is a "contracting authority" for the purposes of the 2015 Regulations; and
- the value of the contract is over the relevant value threshold; and
- the procurement is commenced on or after 26 February 2015 (broadly speaking, a procurement will be commenced on the date that the advertisement is sent to the Official Journal of the European Union. If the procurement was commenced before 26 February 2015, the 2006 Regulations will apply rather than the 2015 Regulations); and
- the procurement is not for clinical health services within the scope of the NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013 (clinical health services will only become subject to the 2015 Regulations from 18 April 2016).
Note that if the contract is for one of the "light touch regime" services expressly listed at Schedule 3 (for example, health, social, education, cultural, legal and catering services) then the 2015 Regulations will only apply if its value is over a higher threshold of £589,148. If this threshold is exceeded, an OJEU advertisement will be required, and some transparent and non-discriminatory procurement process which treats bidders equally will need to be followed. However this need not be one of the five formal procedures (as would be required if the 2015 Regulations applied in full).