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The Utilities Contracts Regulations 1996

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Title and commencement

    2. 2.Interpretation

    3. 3.Utilities

    4. 4.Suppliers, contractors and services providers

    5. 5.Application of the Regulations

    6. 6.General exclusions

    7. 7.Exclusion in respect of certain contracts awarded by utilities operating in the telecommunications sector

    8. 8.Exclusion of services contracts awarded to affiliated undertakings

    9. 9.Exemption in respect of certain utilities operating in the energy sector

    10. 10.Thresholds

    11. 11.Framework agreements

  3. PART II TECHNICAL SPECIFICATIONS

    1. 12.Technical specifications in contract documents

  4. PART III PROCEDURES LEADING TO THE AWARD OF A CONTRACT

    1. 13.The open, restricted and negotiated procedures

    2. 14.Periodic indicative notices

    3. 15.Call for competition

    4. 16.Award without a call for competition

    5. 17.Time Limits

  5. PART IV QUALIFICATION AND SELECTION OF PROVIDERS

    1. 18.Qualification system for providers

    2. 19.Selection of providers in the restricted or negotiated procedures

    3. 20.Consortia and Corporations

  6. PART V THE AWARD OF A CONTRACT

    1. 21.Criteria for the award of a contract

    2. 22.Rejection of third country offers

    3. 23.Contract award notice

  7. PART VI MISCELLANEOUS

    1. 24.Obligations relating to employment protection and working conditions

    2. 25.Sub-contracting

    3. 26.Preservation of records

    4. 27.Statistical and other reports

    5. 28.Provision of reports

    6. 29.Publication of notices

    7. 30.Confidentiality of information

    8. 31.Design contests

  8. PART VII APPLICATIONS TO THE COURT AND CONCILIATION

    1. 32.Enforcement of obligations

    2. 33.Conciliation

  9. PART VIII REVOCATION AND AMENDMENT

    1. 34.Revocation

    2. 35.Amendment of the Public Works Contracts Regulations, Public Services Contracts Regulations and the Public Supply Contracts Regulations

  10. Signature

    1. SCHEDULE 1

      UTILITIES AND ACTIVITIES

    2. SCHEDULE 2

      EXTENSION TO NON MEMBER STATES

    3. SCHEDULE 3

      ACTIVITIES CONSTITUTING WORKS

    4. SCHEDULE 4

      CATEGORIES OF SERVICES

      1. PART A

      2. PART B

    5. SCHEDULE 5

      FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

      1. PART A PERIODIC INDICATIVE NOTICE

        1. 1.A.  For supply contracts

        2. 2.For each type of goods or services the total quantity...

        3. 3.(a) Estimated date of the commencement of the procedures leading...

        4. 4.Other information (for example, indicate if a call for competition...

        5. 5.Date of despatch of the notice.

        6. 1.B.  For works contracts

        7. 2.(a) The site. (b) The nature and extent of the...

        8. 3.(a) Type of award procedure to be used.

        9. 4.Terms of financing of the work and of price revision....

        10. 5.Other information (for example, indicate if a call for competition...

        11. 6.Date of despatch of the notice.

        12. 1.C.  For services contracts

        13. 2.Intended total procurement in each of the service categories listed...

        14. 3.(a) Estimated date of the commencement of the procedures of...

        15. 4.Other information (for example, indicate if a call for competition...

        16. 5.Date of dispatch of the notice.

      2. PART B OPEN PROCEDURES NOTICE

        1. 1.The name, address, telegraphic address, telephone, telex and facsimile numbers...

        2. 2.Nature of the contract (supply, works or services; where applicable,...

        3. 3.Place of delivery, site or place of performance of services....

        4. 4.For supplies and works— (a) Nature and quantity of the...

        5. 5.For services— (a) Indication whether the execution of the services...

        6. 6.Authorisation to submit variants.

        7. 7.Derogation from the use of European specifications, in accordance with...

        8. 8.Time limits for delivery, completion or, in the case of...

        9. 9.(a) Name and address from which the contracts documents and...

        10. 10.(a) The final date for receipt of tenders.

        11. 11.(a) Where applicable, the persons authorised to be present at...

        12. 12.Any deposits and guarantees required.

        13. 13.Main terms concerning financing and payment and/or reference to the...

        14. 14.Where applicable, the legal form to be taken by a...

        15. 15.Minimum standards of the economic and financial standing and technical...

        16. 16.Period during which the tenderer is bound to keep open...

        17. 17.The criteria for the award of the contract. Criteria other...

        18. 18.Other information.

        19. 19.Where applicable, the date of publication in the Official Journal...

        20. 20.Date of despatch of the notice.

      3. PART C RESTRICTED PROCEDURES NOTICE

        1. 1.The name, address, telegraphic address, telephone, telex and facsimile numbers...

        2. 2.Nature of the contract (supply, works or services; where applicable,...

        3. 3.Place of delivery, site or place of performance of services....

        4. 4.For supplies and works— (a) Nature and quantity of the...

        5. 5.For services— (a) Indication whether the execution of the services...

        6. 6.Authorisation to submit variants.

        7. 7.Derogation from the use of European specifications, in accordance with...

        8. 8.Time limits for delivery, completion or, in the case of...

        9. 9.Where applicable, the legal form to be taken by a...

        10. 10.(a) The final date for receipt of requests to participate....

        11. 11.The final date for despatch of invitations to tender.

        12. 12.Any deposits and guarantees required.

        13. 13.Main terms concerning financing and payment and/or reference to the...

        14. 14.Information concerning the provider’s personal position and minimum standards of...

        15. 15.The criteria for the award of the contract where they...

        16. 16.Other information.

        17. 17.Where applicable, the date of publication in the Official Journal...

        18. 18.Date of despatch of the notice.

      4. PART D NEGOTIATED PROCEDURES NOTICE

        1. 1.The name, address, telegraphic address, telephone, telex and facsimile numbers...

        2. 2.Nature of the contract (supply, works or services; where applicable,...

        3. 3.Place of delivery, site or place of performance of services....

        4. 4.For supplies and works— (a) Nature and quantity of the...

        5. 5.For services— (a) Indication whether the execution of the services...

        6. 6.Derogation from the use of European specifications, in accordance with...

        7. 7.Time limits for delivery, completion or duration of services contract....

        8. 8.Where applicable, the legal form to be taken by a...

        9. 9.(a) The final date for receipt of requests to participate....

        10. 10.Any deposits and guarantees required.

        11. 11.Main terms concerning financing and payment and/or references to the...

        12. 12.Information concerning the provider’s personal position and minimum standards of...

        13. 13.Where applicable, the names and addresses of providers already selected...

        14. 14.Where applicable, date(s) of previous publications in the Official Journal....

        15. 15.Other information.

        16. 16.Where applicable, the date of publication in the Official Journal...

        17. 17.Date of despatch of the notice.

      5. PART E NOTICE OF THE EXISTENCE OF A QUALIFICATION SYSTEM

        1. 1.The name, address, telegraphic address, telephone, telex and facsimile numbers...

        2. 2.Purpose of the qualification system.

        3. 3.Address where the rules concerning the qualification system can be...

        4. 4.Where applicable, duration of the qualification system.

      6. PART F CONTRACT AWARD NOTICE

        1. 1.I.  Information for publication in the Official Journal

        2. 2.Nature of the contract (supply, works or services; where applicable,...

        3. 3.At least a summary indication of the nature of the...

        4. 4.(a) Form of the call for competition (notice on the...

        5. 5.Award procedure (open, restricted or negotiated).

        6. 6.Number of tenders received.

        7. 7.Date of award of the contract.

        8. 8.Price paid for bargain purchases under regulation 16(1)(j).

        9. 9.Name and address of successful provider(s).

        10. 10.State, where applicable, whether the contract has been, or may...

        11. 11.Optional information value and share of the contract which may...

        12. 12.II.  Information not intended for publication

        13. 13.Value of each contract awarded.

        14. 14.Country of origin of the product or services (EEC origin...

        15. 15.Was recourse made to the exceptions to the use of...

        16. 16.Which award criteria was used (most economically advantageous; lowest price)?...

        17. 17.Was the contract awarded to a bidder who submitted a...

        18. 18.Were any tenders excluded on the grounds that they were...

        19. 19.Date of despatch of the notice.

        20. 20.In the case of contracts for services specified in Part...

      7. PART G DESIGN CONTEST NOTICE

        1. 1.Name, address, telegraphic address, telephone, telex and facsimile numbers of...

        2. 2.Project description.

        3. 3.Nature of contest: open or restricted.

        4. 4.In the case of open contests: final date for receipt...

        5. 5.In the case of restricted contests— (a) the number of...

        6. 6.Where applicable, an indication of whether participation is reserved to...

        7. 7.Criteria to be applied in the evaluation of projects.

        8. 8.Where applicable, names of the persons selected to be members...

        9. 9.Indication of whether the decision of the jury is binding...

        10. 10.Where applicable, number and value of the prizes.

        11. 11.Where applicable, details of payments to all participants.

        12. 12.Indication of whether follow-up contracts will be awarded to one...

        13. 13.Other information.

        14. 14.Date of despatch of the notice.

      8. PART H DESIGN CONTEST RESULT NOTICE

        1. 1.Name, address and telegraphic address, telephone, telex and facsimile numbers...

        2. 2.Project description.

        3. 3.Number of participants.

        4. 4.Number of participants established outside the United Kingdom.

        5. 5.Winner(s) of the contest.

        6. 6.Where applicable, the prize(s) awarded.

        7. 7.Other information.

        8. 8.Reference to publication of the design contest notice in the...

        9. 9.Date of despatch of the notice.

  12. Explanatory Note

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