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The Public Contracts (Scotland) Regulations 2015
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Changes over time for: Section 29
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The Public Contracts (Scotland) Regulations 2015, Section 29 is up to date with all changes known to be in force on or before 03 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 29:
- Regulations applied by 2023 c. 54 s. 119(2)(a)
- reg. 29(3)(a) word substituted by S.S.I. 2019/112 reg. 3(25)(a) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 29(7)(a) words substituted by S.S.I. 2019/112 reg. 3(25)(b)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 29(7)(b) word substituted by S.S.I. 2019/112 reg. 3(25)(b)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 29(11)(a) word substituted by S.S.I. 2019/112 reg. 3(25)(c) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 11(1)(e)(i)(aa) words substituted by S.S.I. 2019/112 reg. 3(11)(a)(i) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 11(1)(e)(i)(bb) words substituted by S.S.I. 2019/112 reg. 3(11)(a)(ii) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
- reg. 78(1)(i)(ii) and words inserted by S.S.I. 2019/112 reg. 3(52)(a) (This amendment not applied to legislation.gov.uk. S.S.I. 2019/112 revoked immediately before IP completion day by S.S.I. 2020/468, regs. 1(3), 2(2)(a))
Restricted ProcedureS
This section has no associated Policy Notes
29.—(1) In a restricted procedure, a contracting authority must permit any economic operator to submit a request to participate in response to a call for competition within the time period set in accordance with this regulation.
(2) A request by an economic operator referred to in paragraph (1) must be accompanied by the information for qualitative selection that is requested by the contracting authority.
(3) Subject to paragraph (11), the minimum time period for receipt of requests to participate shall be 30 days from the date on which—
(a)the contract notice was [F1submitted] for publication; F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Only those economic operators invited to do so by the contracting authority following its assessment of the information provided may submit a tender.
(5) A contracting authority may limit the number of suitable candidates to be invited to participate in the procedure in accordance with regulation 66 (reduction of the number of otherwise qualified candidates to be invited to participate).
(6) Subject to paragraphs (7) to (11), the minimum time limit for the receipt of tenders shall be 30 days from the date on which the invitation to tender is sent.
(7) Where a contracting authority has published a prior information notice F3..., the minimum time period for the receipt of tenders referred to in paragraph (6), may be reduced to a minimum of 10 days provided that the prior information notice—
(a)included all the information required [F4by regulation 49(2)], insofar as that information was available at the time the prior information notice was published; and
(b)was [F5submitted] for publication between 35 days and 12 months before the date on which the contract notice was [F5submitted].
(8) A sub-central contracting authority may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all the selected candidates have the same time to prepare and submit their tenders.
(9) In the absence of such an agreement, the time limit must be at least 10 days from the date on which the invitation to tender was sent.
(10) The time limit for the receipt of tenders provided for by paragraph (6) may be reduced by 5 days where the contracting authority accepts that tenders may be submitted by electronic means in accordance with regulation 23 (rules applicable to communication).
(11) Where a state of urgency duly substantiated by the contracting authority renders impracticable the time limit laid down in this regulation, it may fix a time limit—
(a)for the receipt of requests to participate which shall not be less than 15 days from the date on which the contract notice was [F6submitted]; and
(b)for the receipt of tenders which shall not be less than 10 days from the date on which the invitation to tender was sent.
Textual Amendments
F1Word in reg. 29(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(24)(a) (with sch. paras. 1-5)
F2Reg. 29(3)(b) and word omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(7)(a) (with reg. 3)
F3Words in reg. 29(7) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 4(7)(b) (with reg. 3)
F4Words in reg. 29(7)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(24)(b)(i) (with sch. paras. 1-5)
F5Word in reg. 29(7)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(24)(b)(ii) (with sch. paras. 1-5)
F6Word in reg. 29(11)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(24)(c) (with sch. paras. 1-5)
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