Regulation 23 Mixed procurement involving defence or security aspectsI1

This regulation applies if a procurement has as its subject a mixed contract, the procurement of any part of which, if separated, would be covered by F1regulation 7(2) or F2would be considered a defence and security contract.

In the case of contracts intended to cover several activities, one of them being listed in Schedule 2 to these Regulations or covered by the Utilities Contracts (Scotland) Regulations 2016, and another being covered by F3regulation 7(2) or F4being the supply of anything within section 7(1) of the Procurement Act 2023, the applicable provisions must be established in accordance with regulation 25 (contracts covering both activities listed in Schedule 2 and activities involving defence or security) of these Regulations and regulation 25 of the Utilities Contracts (Scotland) Regulations 2016, respectively.

If different parts of a given contract are objectively separable, a contracting entity may decide to undertake procurement for the award of—

The decision to undertake a procurement for the award of a single contract must not be made for the purpose of excluding the procurement from the application of these Regulations or the F5Procurement Act 2023.

If a contracting entity decides to undertake procurement for the award of separate contracts for separate parts the applicable law for the procurement of each separate contract will be determined by the characteristics of such contract.

If a contracting entity decides, in accordance with paragraph (7), to undertake a procurement for the award of a single contract, and—

A contracting entity may only decide to undertake a procurement for the award of a single contract of a kind referred to in paragraph (6) if—

Paragraph (6)(b) is without prejudice to the thresholds and exclusions provided for by the F8Procurement Act 2023.

Paragraph (6)(a) applies to a mixed contract to which both sub-paragraphs (a) and (b) of paragraph (6) could otherwise apply.