Regulation 79 – Notices

Commentary

Regulation 79 PCR2015 defines the rules – nay, the principles! –  for advertising design contests that are covered by Part 8. According to this Regulation, the contest notices (interesting terminology…) shall include the information contained in Part E of Annex V to Directive 2014/24/EU and be sent to publication in accordance with Regulation 51, that is the general rules for communication with the Official Journal.

In addition, contracting authorities are supposed (“shall”) to also send a result notice in accordance with Regulation 51 and in compliance with the requirements in Part F of Annex V to Directive 2014/24/EU. This requirement is excepted in specific cases if the information would impede law enforcement or be contrary to the public interest, prejudice competition or prejudice the legitimate commercial interests of a public or private enterprise. It is interesting that in the last exception no mention is made to economic operator but a more generic term of “enterprise” is used. In case any of the exceptions occur the contracting authority may decide to withhold the publication of the information and is not under the obligation of doing so.

Last modified: December 5, 2016 by Pedro Telles

79.—(1) Contracting authorities that intend to carry out a design contest shall make known their intention by means of a contest notice.

(2) Contest notices shall—

(a)include the information set out in part E of Annex V to the Public Contracts Directive; and

(b)be sent for publication in accordance with regulation 51.

(3) Contracting authorities that have held a design contest shall send for publication in accordance with regulation 51 a notice of the results of the contest, and must be able to prove the date of dispatch.

(4) A notice of the results of the contest shall include the information set out in part F of Annex V to the Public Contracts Directive.

(5) But where the release of information on the outcome of the contest—

(a)would impede law enforcement or would otherwise be contrary to the public interest,

(b)would prejudice the legitimate commercial interests of a particular enterprise, whether public or private, or

(c)might prejudice fair competition between service providers,

such information may be withheld from publication.