Scope of Chapter 7 under reg.105 Public Contracts Regulations 2015

Reg.105 of the Public Contracts Regulations 2015 (PCR2015) defines the scope of application of the rules in Chapter 7 of Part 4, which concern certain obligations to publish information on Contracts Finder where contract notices are used (reg.106) and about contracts awarded (reg.108), as well as specific rules for qualitative selection that result in the need to use a standardised pre-qualification questionnaire (PQQ) or report any deviations (reg.107 PCR2015). 

Reg.105 PCR105 is really straight forward and determines that Chapter 7 applies to procurements within the scope of Part 2 (ie procurement covered by reg.3 and mixed procurement covered by reg.4, both subject to the value thresholds established by reference in reg.5), with two exceptions: (a) the whole Chapter 7 does not apply to the procurement of health care services for the purposes of the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013; and (b) regs. 106 and 108 do not apply where the contracting authority is a maintained school or an Academy (reg.107 on standardised PQQs does, though).

Regarding NHS procurement, it is interesting to stress that this is the second relevant exclusion from the general rules of the PCR2015, together with the possibility to reserve contracts under reg.77(6) PCR2015. There is third one regarding the requirements of prompt payment under reg.113 PCR2015, and reg.120 PCR2015 delays to the maximum possible extent the entry into force of the PCR2015 in relation to NHS procurement generally. All of this comes to maintain the isolation of NHS procurement rules and creates some issues of consistency of the procurement system that need regulatory reform (see Pedro's comments here, my own comments here and here, an interesting report here, and an interesting discussion on what NHS procurement can learn from defence procurement, here).