Overview
This Regulation provides that Part 2 PCR 2015 does not apply to public contracts, involving defence or security aspects, which a contracting authority is obliged to award in accordance with procedures contained in international agreements or arrangements that the UK has with other countries or with international organisations.
Regulation 17 also provides that Part 2 PCR 2015 does not apply to public contracts, involving defence or security aspects, awarded in accordance with rules provided by an international organisation or international financing institution where the public contract is fully financed by that organisation or institution.
Objective at this commercial stage
Part 2 PCR will not apply to any contracts referred to in this regulation (i.e. regulation 17).
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 17) will apply.
Legal framework
See also in the Procurement Act 2023:
- 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, Paragraph 29
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
