EU Directive 2009/81/EC provides member states with common defence and security procurement rules which take account of the special features of those markets, such as security of information and security of supply. The purpose of the directive is to enable defence business to be conducted more efficiently and to make markets more open and transparent.
The directive has been transposed into UK law by the Defence and Security Public Contracts Regulations 2011 which apply to procurement procedures which start on or after 21 August 2011.
The regulations apply to the following contracts:
Military equipment and works, goods and services related to the procurement of that equipment;
Works or services for military purposes;
Sensitive equipment and works, goods or services related to the procurement of that sensitive equipment;
Works or services for security purposes which involve, require or contain classified information.
Public bodies will therefore need to establish if a procurement is covered by the new regulations and take account of this in their procurement plans.
The regulations are expected to apply to a limited number and types of procurement activities, with the expectation being that the majority of procurement activity undertaken by Scottish public bodies and utilities will continue to be governed by the Public Contracts (Scotland) Regulations 2015 and Utilities Contracts (Scotland) Regulations 2016.
Fuller details on the directive and links to the regulations, policy and guidance materials are contained in Scottish Procurement Policy Note 7/2011.