Regulation 114 – General provisions applicable to Part 4

Commentary

Regulation 114 assures that the underlying validity of a public contract is not affected by a “material failure” to comply with requirements set in this Part 4.

The second paragraph restates something that should be obvious and logic: nothing on Part 4 should be interpreted as demanding a disclosure of information considered by the contracting authority as being contrary to the security interests of the UK. One has to wonder how generous will be the interpretation by contracting authorities of this security exception to avoid compliance with some of the more onerous requirements of Part 4.

Last modified: December 8, 2016 by Pedro Telles

114.—(1) A material failure to comply with any requirement of this Part does not, of itself, affect the validity of a public contract that has been entered into.

(2) Nothing in this Part requires a contracting authority to disclose any information if it considers that the disclosure would be contrary to the security interests of the United Kingdom.