Section 10

Subsection (3) applies if, on award of a special regime contract other than a framework, a contracting authority considers that— certain of the goods, services or works to be supplied under the contract could reasonably be supplied under a separate contract, and that contract— would not be a special regime contract of the same kind (or at all), and would have an estimated value of not less than the threshold amount for the type of contract. Subsection (3) applies if, on award of a special regime contract that is a framework, a contracting authority considers that— certain of the goods, services or works to be supplied under contracts awarded in accordance with the framework could reasonably be supplied under a contract not awarded in accordance with the framework, and that contract— would not be a special regime contract of the same kind (or at all), and would have an estimated value of not less than the threshold amount for the type of contract. The contract is not to be treated as a special regime contract for the purposes of this Act. Subsection (3) does not apply to prevent the contract from being treated as a defence and security contract if the contracting authority has good reasons for not awarding separate contracts. In considering whether goods, services or works could reasonably be supplied under a separate contract, a contracting authority may, for example, have regard to the practical and financial consequences of awarding more than one contract. A “special regime contract” means— and a reference to a special regime contract of a particular kind is a reference to a special regime contract of a kind described in paragraph (a), (b), (c) or (d). a concession contract, a defence and security contract, a light touch contract, or a utilities contract, This section does not apply for the purpose of determining whether a contract is a public contract. This section does not apply to a contract awarded in accordance with a framework.

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Source: legislation.gov.uk · retrieved 2026-09-04