Reg. 15 (PCR 2015)

Defence and Security

In: Define > Sourcing strategy

Overview

This regulation provides that Part 2 PCR 2015 does not apply to public contracts:

  • that fall within the scope of the Defence and Security Public Contracts Regulations 2011
  • to which the Defence and Security Public Contracts Regulations 2011 do not apply by virtue of regulations 7 and 9 of those regulations
  • where the application of Part 2 PCR 2015 would oblige the UK to supply information that could impact on national security
  • where the protection of the essential security interests of the UK cannot be guaranteed by less intrusive measures, and
  • where the procurement and performance of the public contract is legally classified as secret or required to be accompanied by special security measures (assuming that the essential interests concerned cannot be guaranteed by less intrusive measures).

Objective at this commercial stage

Part 2 PCR will not apply to any contracts referred to in this regulation (i.e. regulation 15).

Key considerations at this commercial stage

Contracting authorities should:

  • ensure the subject-matter and circumstances of any public contract are reviewed and consideration is given as to whether this regulation (i.e. regulation 15) will apply.

See also in the Procurement Act 2023:

  • Section 7: Defence and security contracts
  • Schedule 2: Exempted contracts, Part 1: Counterparty exempted contracts, Paragraph 4: Defence and security contracts
  • Schedule 2: Exempted contracts, Part 2: Subject-matter exempted contracts, Paragraphs 27-30

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements
Read the regulation

This applies to