Regulation 121 – Transitory provision prior to full commencement of regulation 22(1) to (7)

Commentary

Regulation 121 establishes specific rules related to communications for the transitory period between the Public Contracts Regulations 2015 coming into force in 2015 and 18th October 2018 for paragraphs (1) to (7) of Regulation 22.

For this transitional period only, contracting authorities are free to use a variety of different communication methods such as post or fax. While this provision does not bar the use of electronic communications which will become mandatory on the 18th October 2018, it provides contracting authorities with some alternatives in the meanwhile.

In any event, contracting authorities would be advised to move their communications to electronic means as required by the Public Contracts Regulations 2015 before the deadline, as to give them time to adapt and learn new systems before being required to do so

Last modified: December 8, 2016 by Pedro Telles

121.—(1) This regulation applies during the period beginning on the date mentioned in regulation 1(3)(a) and ending immediately before the date mentioned in regulation 1(3)(c).

(2) During that period, contracting authorities may choose between the following means of communication for the purposes mentioned in paragraph (3):—

(a) electronic means in accordance with regulation 22;

(b) post or other suitable carrier;

(c) fax;

(d) a combination of those means.

(3) That choice is available for all communication and information exchange in respect of which both the following criteria are met:—

(a) the use of electronic means would, in accordance with regulation 22(1) to (5), have been required if those provisions had been in force;

(b) the use of electronic means is not required by any other provision of these Regulations that is in force.