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PART 2SRULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 2SRULES ON PUBLIC CONTRACTS

SECTION 5SConduct of the Procedure

Contract award noticesS

51.—(1) Not later than 30 days after the award of a contract or conclusion of a framework agreement, a contracting authority must [F1submit] for publication in accordance with regulation 52 ([F2publication on the UK e-notification service]) a contract award notice on the results of the procurement procedure.

[F3(2) Such notices must—

(a)contain the information set out in part D of Annex V to the Directive, but as if—

(i)in paragraph 9, “Article 67” were a reference to regulation 67 (contract award criteria) of these Regulations,

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

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

(iv)in paragraph 17, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Public Contracts (Scotland) Regulations 2015)”, and

(v)in paragraph 18, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations, and

(b)be submitted for publication in accordance with regulation 52 (publication on the UK e-notification service),]

(3) Where the call for competition for the contract concerned has been made in the form of a prior information notice and the contracting authority has decided that it will not award further contracts during the period covered by the prior information notice, the contract award notice must contain a specific indication to that effect.

(4) Paragraph (1) does not apply where the contract awarded is a contract based on a framework agreement.

(5) In the case of the award of a contract based upon a dynamic purchasing system, a contracting authority must either—

(a)[F4submit] for publication in accordance with regulation 52 ([F5publication on the UK e-notification service]) a contract award notice within 30 days after the award of each such contract; or

(b)group notices referred to in sub-paragraph (a) on a quarterly basis, in which case the authority must [F6submit] for publication the grouped notices within 30 days of the end of each quarter.

(6) A contracting authority may withhold from publication information on the contract award or the conclusion of the framework agreement where the release of the information—

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

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

(c)might prejudice fair competition between economic operators.

Textual Amendments