Regulation 120 – Temporary exemption and saving for certain NHS procurements

Commentary

Regulation 120 creates a temporary exemption for some NHS procurements whose tendering procedure is launched before April 18th 2016, the deadline for transposition of Directive 2014/24/EU. The second paragraphs considers that the procedure has started if any of the steps mentioned in Regulation 118(2)(c) were taken before April 18th 2016. For example, if the contract notice was sent to the Official Journal, any advertisement carried out or even specific economic operators contacted, then the Public Contracts Regulations 2015 are not applicable.

Last modified: December 9, 2016 by Pedro Telles

120.—(1) Nothing in these Regulations affects—

(a) any contract award procedure that—

(i) relates to the procurement of health care services for the purposes of the NHS within the meaning and scope of the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013(1), and

(ii) is commenced before 18th April 2016; or

(b) any contract awarded as a result of such a procedure.

(2) For that purpose, a contract award procedure has been commenced before 18th April 2016 if, before that date, any of the events mentioned in regulation 118(2)(a) to (c) has occurred.

(1) S.I. 2013/500.