Regulation 49 – Contract notices

Commentary

Regulation 49 PCR2015 transposes only half of the content of Article 49 of Directive 2014/24/EU establishing that contract notices shall contain the information set out in part C of Annex 5 to Directive 2014/24/EU and shall be sent for publication in accordance with Regulation 51 PCR2015 [CROSSREF].

The missing bit that Regulation 49 PCR2015 fails to transpose is that contract notices shall be used as a means of calling for competition in respect of all procedures, without prejudice to the second sub-paragraph of Article 26(5) Directive 2014/24/EU (Regulation 26(9) and (10) PCR2015), on the possibility for that sub-central contracting authorities or specific categories thereof to make the call for competition by means of a prior information notice (Regulation 48 PCR2015), and Article 32 Directive 2014/24/EU (Regulation 32 PCR2015) on the use of the negotiated procedure without prior publication, which obviously does not require a contract notice.

In our view, given the repetition of the content of the omitted part, which simply includes cross-referrals to special rules, there is not much lost in terms of legal certainty due to the economical approach taken in Regulation 49 PCR2015.

Proposed citation: Albert Sanchez-Graells & Pedro Telles, (2016) Commentary to the Public Contracts Regulations 2015, available at: www.pcr2015.uk.

Last modified: September 5, 2016 by Pedro Telles

49.  Contract notices shall contain the information set out in part C of Annex 5 to the Public Contracts Directive and shall be sent for publication in accordance with regulation 51.