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Regulation 5 Thresholds

(1)

These Regulations apply to a procurement where the estimated value of the contract to be awarded (F1inclusive of value added tax, where appropriate) is equal to or greater than—

(a)

in the case of a public works contract (except a subsidised public works contract), F2£5,193,000;

(b)

in the case of a public supply contract, except one to which paragraph (2)(b) applies, or a public service contract (except a subsidised public service contract) to be awarded by a central government authority or a design contest organised by such an authority, F3£135,018;

(c)

in the case of a public supply contract, except one to which paragraph (2)(a) applies, or a public service contract (except a subsidised public service contract) to be awarded by a sub‑central contracting authority or a design contest organised by such an authority, F4£207,720;

(d)

in the case of a public service contract for a service listed in Schedule 3 (social and other specified services), F5£663,540.

(2)

Where the procurement is for the award of a public supply contract by a contracting authority operating in the field of defence—

(a)

the amount specified in regulation 5(1)(b) applies to contracts concerning products referred to in Schedule 4 even where the contracting authority is a sub-central contracting authority; and

(b)

the amount specified in regulation 5(1)(c) applies to contracts concerning products not referred to in Schedule 4 even where the contracting authority is a central government authority.

(3)

Where a proposed work, acquisition of supplies or provision of services may be procured in the form of separate lots these Regulations do not apply to the award of a contract for a lot where—

(a)

the estimated value of that lot is less than—

(i)

F6£70,778, in the case of supplies or services; or

(ii)

F7£884,720, in the case of works; and

(b)

the estimated total aggregate value of all such lots to be awarded without application of these Regulations does not exceed 20% of the estimated aggregate value of all the lots calculated in accordance with F8regulation 6(1)(a) (methods for calculating the estimated value).

F9(3A)

For the avoidance of doubt, in determining for the purpose of paragraph (3)(b) the estimated aggregate value of all the lots, no account is to be taken of a lot if its estimated value is taken to be a certain amount by virtue of regulation 6(1)(b) (rather than being an amount calculated in accordance with regulation 6(1)(a)).

(4)

In this Regulation reference to a “contract” includes reference to a framework agreement, dynamic purchasing system or design contest.

F10(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in reg. 5(1) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds etc.) (Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/378), regs. 1(2), 3(2)(a) (with reg. 6)

F2

Sum in reg. 5(1)(a) substituted (1.1.2026) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/299), regs. 1(2), 2(2)(a) (with reg. 5)

F3

Sum in reg. 5(1)(b) substituted (1.1.2026) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/299), regs. 1(2), 2(2)(b) (with reg. 5)

F4

Sum in reg. 5(1)(c) substituted (1.1.2026) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/299), regs. 1(2), 2(2)(c) (with reg. 5)

F5

Sum in reg. 5(1)(d) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(5)(a)(iv) (with sch. paras. 1-5)

F6

Sum in reg. 5(3)(a)(i) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(5)(b) (with sch. paras. 1-5)

F7

Sum in reg. 5(3)(a)(ii) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(5)(c) (with sch. paras. 1-5)

F8

Words in reg. 5(3)(b) substituted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(3)(a) (with reg. 3)

F9

Reg. 5(3A) inserted (30.5.2023) by The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(3)(b) (with reg. 3)

F10

Reg. 5(5) omitted (31.12.2020) by virtue of The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(5)(d) (with sch. paras. 1-5)