Public procurement law regulates the process by which public
organisations enter into contracts for goods, works and services.
The Public Contracts (Scotland) Regulations 2006 ("the
Regulations") give effect in Scots law to the European
Commission's Consolidated Directive on Public Procurement
(2004/18/EC). Public procurement law effects a wide range of
organisations in the public sector and businesses in the private
sector.
The Regulations generally apply when the procuring body
satisfies the wide definition of being a "contracting
authority"; the contract being put out to tender is either for
public works, services or supplies; and the estimated value of the
contract, which cannot be deliberately split into smaller
contracts, equals or exceeds the relevant financial threshold.
Although below threshold contracts are, on the face of it, not
caught by the Regulations, there is case law which supports the
argument that where the contract is of "certain interest"
to
