2.9.4 How does the Legislation apply to mixed contracts?

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Usually it will be clear to a contracting authority how to categorise a contract. For example, the construction of a new building is clearly “works” while the provision of a cleaning service for a hospital is clearly “service”. However there are projects that contain a mixture of elements such as supplies and services. A good example might be the requirement of a contracting authority to acquire specific IT software together with staff training to use the software.

In these cases the following guidelines should be applied.

 

Table 2-32: Guidelines for categorizing mixed contracts

Where it involves supplies and services the classification of the contract should be determined by which element is of a higher value
Where it covers works/supplies or works/services the classification of the contract,should be determined by the predominant purpose
Where a contract provides for the supply of equipment and an operator it should be regarded as a services contract
Contracts for software are classified as “supplies” unless they involve development to the contracting authoritys specification in which case they are classified as “services”.

© 2007 Republic of Cyprus, Treasury of the Republic, Public Procurement Directorate
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