Reg. 78 (PCR 2015)
Scope of Section 8
In: Define > Sourcing strategy
Overview
This regulation provides that section 8 of the PCR 2015 applies to design contests organised as part of a procurement procedure leading to the award of a public service contract, as well as design contests with prizes or payments to participants.
In cases where the design contest is part of a public service contract award procedure, the threshold for determining the application of public procurement rules shall be calculated based on the estimated value of the contract, including any prizes or payments to participants. For design contests with prizes or payments, but not directly tied to a public service contract, the threshold shall be based on the total amount of prizes and payments. This includes the estimated value of any potential public service contract that may result from the contest following a negotiated procedure without prior publication, if the contracting authority has announced its intention to award such a contract in the contest notice.
Objective at this commercial stage
When considering whether a design contest would be an appropriate route to market, contracting authorities should consider whether the threshold for the application of public procurement rules would be met, by reference to the rules set out in this regulation (i.e. regulation 78).
Key considerations at this commercial stage
Contracting authorities should:
- where the design contest is part of a public service contract award procedure, calculate the procurement threshold based on the estimated value of the contract, including any prizes or payments to participants
- where the contest is not directly tied to a public service contract, ensure that the procurement threshold is based on the total amount of prizes and payments. This includes the estimated value of any potential public service contract that may result from the contest following a negotiated procedure without prior publication.
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
