Overview
This regulation applies to mixed public contracts, which have procurement covered by Part 2 PCR 2015 and procurement covered by regulation 3(2) PCR 2015 (essential security interests) or, the Defence and Security Public Contracts Regulations 2011 (DSPCR). It provides that:
Where the different parts of that contract can be objectively separated, contracting authorities may choose to award either a single contract, or separate contracts for the separate parts.
Where part of the procurement is covered by regulation 3(2) PCR 2015 (essential security interests), a single contract may be awarded without applying Part 2 PCR 2015 provided that the award of a single contract is justified by objective reasons.
Where part of the procurement is covered by the DSPCR, a single contract may be awarded in accordance with those regulations (rather than Part 2 PCR 2015) provided that the award of a single contract is justified by objective reasons.
The decision to award a single contract must not be made with the intention of purposely excluding the contract from either Part 2 PCR 2015 or the DSPCR.
Where separate contracts are awarded, the procurement rules for each part of the contract will be dependent on the subject-matter of the relevant part.
Where the parts of the mixed public contract are not objectively separable, the contract may be awarded without applying Part 2 PCR 2015, where it includes elements covered by regulation 3(2) PCR 2015 (essential security interests). Otherwise, where the contract includes elements covered by the DSPCR, the contract may be awarded in accordance with those regulations.