Regulation 119 – Transitional provision and saving where utilities procurement procedure commenced before 26th February 2015

Commentary

Regulation 119 establishes a number of transitional provisions for utilities procurement procedures initiated before the entry into force of the Public Contracts Regulations 2015 (26th February 2015).

As with the exception of Regulation 120, in the cases of procedures where notices have been sent to the Official Journal, an advertisement published or economic operators contacted, then the amendments to the Utilities rules introduced by the Public Contracts Regulations 2015 are not to be used.

Last modified: December 8, 2016 by Pedro Telles

119.—(1) The Utilities amendments do not affect any contract award procedure commenced before 26th February 2015.

(2) For that purpose, a contract award procedure has been commenced before 26th February 2015 if, before that date—

(a) a contract notice has been sent to the Official Journal in accordance with the UCR in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract or dynamic purchasing system;

(b) a periodic indicative notice has been sent to the Official Journal, in which case the contract award procedure that is not affected by the Utilities amendments is the procedure for the award of any proposed contract the intention to award which was indicated in the notice, but only if the requirements in regulation 16(3)(a) and (b) of the UCR are satisfied;

(c) the utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract or dynamic purchasing system; or

(d) the utility has contacted any economic operator in order to—

(i) seek expressions of interest or offers in respect of a proposed contract or dynamic purchasing system, or

(ii) respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed contract or dynamic purchasing system.

(3) The Utilities amendments do not affect the award of a specific contract under a framework agreement where the framework agreement was concluded—

(a) before 26th February 2015; or

(b) on or after 26th February 2015 following a contract award procedure which, by virtue of paragraph (1), was not affected by the Utilities amendments.

(4) The Utilities amendments do not affect the award of a specific contract under a dynamic purchasing system where the system was established—

(a) before 26th February 2015; or

(b) on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by the Utilities amendments.

(5) In this regulation—

(a)“contract”, “dynamic purchasing system”, “economic operator”, “framework agreement” and “periodic indicative notice” have the same meanings as in the UCR;

(b)“the UCR” means the Utilities Contracts Regulations 2006(1); and

(c)“the Utilities amendments” means the amendments made to the UCR by paragraph 15 of Schedule 7.