The Procurement (Scotland) Regulations 2016

Publication of contract notices, prior information notices and award notices on the Public Contracts website S

7.—(1) Where a notice to be published in accordance with section 23(1) of the Act relates to [F1 a higher value regulated procurement] for which notice must be published in accordance with regulations 49, 50, 51 and 78 of the 2015 Regulations, a contracting authority must comply with regulation 53(3) and (4) of those Regulations.

(2) A contracting authority must publicise its intention to seek offers—

(a) by publishing a contract notice; or

(b) where paragraph (3) applies, by publishing a contract notice or a prior information notice.

(3) This paragraph applies where the contract is to be awarded by a sub-central contracting authority.

(4) A contract notice published in accordance with paragraph (2) must contain the information set out in Part C of Annex V to the Directive [F2 , but as if—

(a) in paragraph 2, reference to “for the reasons set out in the second and third subparagraphs of Article 53(1),” were omitted,

(b) paragraph 24 (financing by EU funds) were omitted,

(c) in paragraph 26, “in the Official Journal of the European Union” read “on the Public Contracts website”,

(d) in paragraph 28, “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website].

(5) A prior information notice published in accordance with paragraph (2) must contain the information set out in sections I and II of Part B of Annex V to the Directive [F3 , but as if—

(a) in section I—

(i) in paragraph 2, reference to “for the reasons set out in the second and third subparagraphs of Article 53(1),” were omitted,

(ii) in paragraph 9 “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website, and

(b) in section II, paragraph 12 were omitted].

(6) Not later than 30 days after the award of a contract to be published in accordance with section 23(2) of the Act, a contracting authority must send for publication a contract award notice.

(7) A contract award notice must contain the information set out in Part D of Annex V to the Directive [F4 , but as if—

(a) in paragraph 9, “referred to in Article 67” were omitted,

(b) in paragraph 11(b), the words “member State or from a third” were omitted,

(c) paragraph 15 (financing by EU funds) were omitted,

(d) in paragraph 17, “in the Official Journal of the European Union” read “on the Public Contracts website”,

(e) in paragraph 18, “date of dispatch” were a reference to the date on which the notice is submitted to the Public Contracts website].

(8) A contracting authority may withhold information from publication in a contract award notice where the release of the information would—

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

(b) prejudice the commercial interests of any person; or

(c) prejudice fair competition between economic operators.

(9) In this regulation, “sub-central contracting authority” has the same meaning as in the 2015 Regulations.

Textual Amendments

F1 Words in reg. 7(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 10(2)(a) (with sch. paras. 1-5)

F2 Reg. 7(4)(a)-(d) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 10(2)(b) (with sch. paras. 1-5)

F3 Reg. 7(5)(a)(b) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 10(2)(c) (with sch. paras. 1-5)

F4 Reg. 7(7)(a)-(e) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 10(2)(d) (with sch. paras. 1-5)

Commencement Information

I1 Reg. 7 in force at 18.4.2016, see reg. 1