49.The Public Contracts (Scotland) Regulations 2015 were made to implement Directive 2014/24/EU of the European Parliament and of the Council on public procurement. They impose obligations on public bodies in relation to how they award public contracts for the execution of works, the supply of products and the provision of services.
50.Section 16 amends the 2015 Regulations to insert a new regulation 76A. This will allow, in certain circumstances, the list of bidders for a contract to be limited to those who meet a particular description.
51.Inserted regulation 76A includes a power to modify its own terms by further regulations, so that the Scottish Ministers can alter the types of contract that can be restricted and the type of body that bidding can be limited to. Regulations under proposed regulation 76A will be subject to the negative procedure by virtue of regulation 83A of the 2015 Regulations. The negative procedure is defined by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.
Overview of the Act Overview of Part 2 Reserving right to participate in procurement by type of organisation