Regulation 106 – Publication of information on Contracts Finder where contract notices are used

Commentary

Regulation 106 extends the obligation of publishing a notice to Contracts Finder, the national public procurement portal in addition to the publication on the Official Journal of the European Union. This national publication is to be carried out within 24 hours of the publication done at EU level – taking into account that it cannot be done before the EU publication one.

As per paragraph 2, the publication on Contracts Finder is to include some basic information such as the web address of the procurement documents, deadlines, format of submission and any requirements for participating in the procurement.

Furthermore, paragraph 3 authorises the Minister for the Cabinet Office to issue any guidance to the “form and manner” how information is to be published on Contracts Finder – which was done in February 2015.

The final two paragraphs authorise (and assume?) that the necessary information can simply be scraped from the Official Journal of the European Union publication as to avoid a second, manual data entry having to be done.

Last modified: December 9, 2016 by Pedro Telles

106.—(1) Where a contracting authority sends a contract notice to the EU Publications Office for publication, the contracting authority shall cause information to be published on Contracts Finder within 24 hours of the time when the contracting authority becomes entitled, in accordance with regulation 52(3) and (4), to publish the notice at national level.

(2) The information to be published on Contracts Finder shall include at least the following:—

(a)the internet address at which the procurement documents are accessible;

(b)the time by which any interested economic operator must respond if it wishes to be considered;

(c)how and to whom such an economic operator is to respond; and

(d)any other requirements for participating in the procurement.

(3) In complying with this regulation, contracting authorities shall have regard to any guidance issued by the Minister for the Cabinet Office in relation to the form and manner in which information is to be published on Contracts Finder.

(4) Paragraph (5) applies if such guidance confirms that, for the time being, arrangements have been put in place by or on behalf of the Cabinet Office under which the information referred to in paragraph (2) will, without further action by contracting authorities, be extracted and published on Contracts Finder following the publication of contract notices by the EU Publications Office.

(5) In those circumstances, contracting authorities shall be deemed to have complied with paragraph (1) by virtue of sending the contract notice to the EU Publications Office for publication in accordance with regulation 51.