Overview
This regulation provides that Part 2 PCR 2015 will apply to certain above threshold works or services contracts which are subsidised directly by a contracting authority by more than 50% of the contract value.
Regulation 13 applies to above threshold works contracts involving any of the civil engineering activities listed in schedule 2 of the PCR 2015, or any building work for hospitals, facilities intended for sports, recreation or leisure, school or university buildings.
Regulation 13 will apply to above threshold services contracts connected to any of the works mentioned above.
Where Regulation 13 applies, the contracting authority must ensure that the subsidised contract is awarded in compliance with Part 2 PCR 2015.
Objective at this commercial stage
Part 2 PCR will apply to certain above threshold works or services contracts subsidised directly by a contracting authority by more than 50% of the contract value. Contracting authorities must ensure that the entity awarding the subsidised contract complies with Part 2 PCR.
Key considerations at this commercial stage
Contracting authorities should:
- ensure any contracts subsidised directly by a contracting authority are reviewed and consideration is given as to whether this regulation, i.e. regulation 13 (and Part 2 PCR), will apply.
Legal framework
There is no direct equivalent section in the Procurement Act 2023.
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
