The Utilities Contracts (Scotland) Regulations 2016

1. Introductory Text

2. PART 1 GENERAL

   1. CHAPTER 1 CITATION, COMMENCEMENT, EXTENT, DEFINITIONS AND SUBJECT-MATTER

      1. 1. Citation, commencement and extent

      2. 2. Interpretation

      3. 3. Subject-matter and application of these Regulations

      4. 4. Utilities

      5. 5. Mixed procurement covering the same activity

      6. 6. Procurement covering several activities

   2. CHAPTER 2 ACTIVITIES

      1. 7. Common Provisions

      2. 8. Gas and heat

      3. 9. Electricity

      4. 10. Water

      5. 11. Transport services

      6. 12. Ports and airports

      7. 13. Postal services

      8. 14. Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

   3. CHAPTER 3 MATERIAL SCOPE

      1. SECTION 1 Thresholds

         1. 15. Thresholds

         2. 15A. Review and amendment of certain thresholds

         3. 16. Estimating value

      2. SECTION 2 Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

         1. SUB-SECTION 1

            Exclusions applicable to all utilities and special exclusions for the water and energy sectors

            1. 17. Exclusion: Contracts awarded for the purpose of resale or lease to third parties

            2. 18. Exclusion: Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity outside the United Kingdom

            3. 19. Exclusion: Contracts awarded and design contests organised pursuant to international rules

            4. 20. Exclusion: Specific exclusions for service contracts

            5. 21. Exclusion: Service contracts awarded on the basis of an exclusive right

            6. 22. Exclusion: Contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy

         2. SUB-SECTION 2

            Procurement involving defence and security aspects

            1. 23. Defence and security

            2. 24. Mixed procurement covering the same activity and involving defence and security aspects

            3. 25. Procurement covering several activities and involving defence or security aspects

            4. 26. Contracts and design contests involving defence and security aspects which are awarded or organised pursuant to international rules

         3. SUB-SECTION 3

            Special relations (cooperation, affiliated undertakings and joint ventures)

            1. 27. Exclusion: contracts between contracting authorities

            2. 28. Exclusion: contracts awarded to an affiliated undertaking

            3. 29. Exclusion: Contracts awarded to a joint venture or to a utility forming part of a joint venture

            4. 30. Notification of information

         4. SUB-SECTION 4

            Specific situations

            1. 31. Research and development services

         5. SUB-SECTION 5

            Activities directly exposed to competition and related procedural provisions

            1. 32. Activities directly exposed to competition

            2. 33. Procedure for establishing whether regulation 32(2)(b) is applicable

   4. CHAPTER 4 GENERAL PRINCIPLES

      1. 34. Principles of procurement

      2. 35. Economic operators

      3. 36. Reserved contracts

      4. 37. Confidentiality

      5. 38. Rules applicable to communication

      6. 38A. Powers to amend regulation 38

      7. 39. Nomenclatures

      8. 40. Conflicts of interest

3. PART 2 RULES APPLICABLE TO CONTRACTS

   1. CHAPTER 1 PROCEDURES

      1. 41. Conditions relating to international agreements by which the EU is bound, other than the GPA

      2. 41A. Conditions relating to the GPA

      3. 41B. Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

      4. 42. Choice of procedures

      5. 43. Open Procedure

      6. 44. Restricted Procedure

      7. 45. Negotiated procedure with prior call for competition

      8. 46. Competitive Dialogue

      9. 47. Innovation Partnership

      10. 48. Use of the negotiated procedure without prior call for competition

   2. CHAPTER 2 TECHNIQUES AND INSTRUMENTS FOR ELECTRONIC AND AGGREGATED PROCUREMENT

      1. 49. Framework Agreements

      2. 50. Dynamic Purchasing Systems

      3. 51. Electronic Auctions

      4. 52. Electronic catalogues

      5. 53. Centralised purchasing activities and central purchasing bodies

      6. 54. Occasional joint procurement

      7. 55. Procurement involving utilities from different member States

   3. CHAPTER 3 CONDUCT OF THE PROCEDURE

      1. SECTION 1 Preparation

         1. 56. Preliminary market consultation

         2. 57. Prior involvement of candidates or tenderers

         3. 58. Technical specifications

         4. 59. Labels

         5. 60. Test reports, certificates and other means of proof

         6. 61. Communication of technical specifications

         7. 62. Variants

         8. 63. Division of contracts into lots

         9. 64. Setting time limits

      2. SECTION 2 Publication and transparency

         1. 65. Periodic indicative notices

         2. 66. Notices on the existence of a qualification system

         3. 67. Contract notices

         4. 68. Contract award notices

         5. 69. Publication on the UK e-notification service

         6. 70. Publication otherwise than on the UK e-notification service

         7. 71. Electronic availability of procurement documents

         8. 72. Invitations to candidates

         9. 73. Informing applicants for qualification, candidates and tenderers

      3. SECTION 3 Choice of participants and award of contracts

         1. 74. General principles

         2. SUB-SECTION 1

            Qualification and qualitative selection

            1. 75. Qualification systems

            2. 76. Criteria for qualitative selection

            3. 77. Reliance on the capacities of other entities

            4. 78. Use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations

            5. 79. Quality assurance standards and environmental management standards

         3. SUB-SECTION 2

            Award of the Contract

            1. 80. Contract award criteria

            2. 81. Life-cycle costing

            3. 82. Abnormally low tenders

      4. SECTION 4 Tenders comprising products originating in third countries and relations with those countries

         1. 83. Tenders comprising products originating in third countries

   4. CHAPTER 4 CONTRACT PERFORMANCE

      1. 84. Conditions for performance of contracts

      2. 84A. Electronic invoicing

      3. 85. Subcontracting

      4. 86. Modification of contracts during their term

      5. 87. Termination of contracts

4. PART 3 PARTICULAR PROCUREMENT REGIMES

   1. CHAPTER 1 SOCIAL AND OTHER SPECIFIC SERVICES

      1. 88. Award of contracts for social and other specific services

      2. 89. Publication of notices

      3. 90. Principles of awarding contracts

   2. CHAPTER 2 RULES GOVERNING DESIGN CONTESTS

      1. 91. Scope of Chapter

      2. 92. Notices

      3. 93. Rules on the organisation of design contests and the selection of participants and the jury

      4. 94. Decisions of the jury

5. PART 4 INFORMATION AND DOCUMENTATION

   1. 95. Retention of contract copies

   2. 96. Reporting and documentation requirements

6. PART 5 REMEDIES

   1. CHAPTER 1 FACILITATION OF REMEDIES

      1. 97. Scope of Chapter

      2. 98. Notices of decisions to award a contract or conclude a framework agreement

      3. 99. Standstill period

   2. CHAPTER 2 APPLICATIONS TO THE COURT

      1. 100. Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA

      2. 100A. Duty owed to economic operators from GPA parties

      3. 100B. Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

      4. 101. Enforcement of duties through the courts

      5. 102. Automatic Suspension of utility’s power to proceed with contract award

      6. 103. Powers and duties of the court

      7. 104. Ineffectiveness orders

      8. 105. Powers of the court: ineffectiveness order

      9. 106. General interest grounds for not making a declaration of ineffectiveness

      10. 107. Other orders

      11. 108. Financial penalties

7. PART 5A AMENDING THESE REGULATIONS

   1. 108A. General provisions about regulations under these Regulations

8. PART 6 REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

   1. 109. Interpretation of Part 6

   2. 110. Revocations and consequential amendments

   3. 111. Transitional provision and saving: where procurement commenced before 18th April 2016

   4. 112. Transitory provision: prior to full commencement of regulation 38(1) to (7)

   5. 113. Transitory provision: temporary exemption

9. Signature

10. 1. SCHEDULE A1

       PARTIES TO THE GPA

    2. SCHEDULE 1

       ACTIVITIES CONSTITUTING WORKS

    3. SCHEDULE 2

       SOCIAL AND OTHER SPECIFIC SERVICES

    4. SCHEDULE 2A

       INTERNATIONAL TRADE AGREEMENTS

    5. SCHEDULE 3

       CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS TO SUBORDINATE LEGISLATION

       1. 1. Cleaner Road Transport Vehicles (Scotland) Regulations 2010

       2. 2. Defence and Security Public Contracts Regulations 2011

       3. 3. Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

11. Explanatory Note