Part 1: Key definitions Section 5: Mixed procurement: above and below threshold
Thresholds determine whether or not a contract is a public contract.  Different thresholds apply to goods, works or services contracts.  These are set out in Schedule 1. Where a contract contains a mixture of these elements (a mixed contract), contracting authorities will need to determine which threshold to apply.  When making this determination they will need to consider whether a mixed contract should have those elements separated into different contracts.  If the contract is separated out, thresholds can be calculated separately for each separate contract (each of which will only fall within one such type).
	If a mixed contract can reasonably be separated out, but a contracting authority chooses not to do so, the mixed contract will, where one element is above its corresponding threshold, be treated as above-threshold (and therefore, unless an exemption applies, a public contract to which this legislation applies). This is provided for in subsection (3), which requires the mixed contracts in subsection (1) and (2) to be treated as above threshold where the conditions in subsection (1) or (2) are met.
	Subsection (1) applies the above test to mixed contracts that are not framework agreements which contain above and below threshold elements that are reasonably capable of being procured separately.
	Subsection (2) applies the above test to mixed contracts which are framework agreements and contain above and below threshold elements that are reasonably capable of being procured outside the framework.
	Subsection (4) sets out factors contracting authorities may have regard to when determining whether elements of a mixed contract can reasonably be procured separately.
	Subsection (5) makes clear the meaning of a below-threshold contract.
	Subsection (6) makes clear that subsection (3) does not apply to mixed contracts awarded under a framework agreement.