The Utilities Contracts Regulations 2016

Contract award notices E+W+N.I.

70.—(1) Not later than 30 days after the award of a contract or the conclusion of a framework agreement, following the decision to award or conclude it, utilities shall [F1 submit] for publication a contract award notice on the results of the procurement procedure.

[F2 (2) Such notices shall—

(a) contain the information set out in Annex 12 to the Utilities Contracts Directive, but as if—

(i) in paragraph 5(b), “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Utilities Contracts Regulations 2016)”;

(ii) in paragraph 5(c), “Article 50” were a reference to regulation 50(1) of these Regulations;

(iii) in paragraph 9, “Article 50(h)” were a reference to regulation 50(1)(h) of these Regulations;

[F3 (iiia) in paragraph 12, for the words from “or the prices” to the end there were substituted “for the contract awarded”;]

(iv) in paragraph 17, the words in brackets were omitted;

(v) in paragraph 19, “Article 64(1)” were a reference to regulation 64(1) of these Regulations;

(vi) in paragraph 20, “Article 84” were a reference to regulation 84 of these Regulations; and

(vii) in paragraph 21, “date of transmission” 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 71.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the case of framework agreements, utilities shall not be bound to [F5 submit] a notice of the results of the procurement procedure for each contract based on such an agreement.

(5) In the case of dynamic purchasing systems, utilities shall either—

(a) [F6 submit] a contract award notice within 30 days after the award of each contract based on a dynamic purchasing system; or

(b) group such notices on a quarterly basis, in which case they shall [F7 submit] the grouped notices within 30 days of the end of each quarter.

(6) Certain information on the contract award or the conclusion of the framework agreement may be withheld from publication where its release—

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

(b) would prejudice the legitimate commercial interests of a particular economic operator, whether public or private; or

(c) might prejudice fair competition between economic operators.

(7) In the case of contracts for research and development services, the information concerning the nature and quantity of the services may be limited to:—

(a) the indication “R & D services” where the contract has been awarded by a negotiated procedure without a call for competition in accordance regulation 50(1)(b);

(b) information as least as detailed as was indicated in the notice that was used as a means of calling for competition.

Textual Amendments

F1 Word in reg. 70(1) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(41)(a) (with Sch. paras. 3-5)

F2 Reg. 70(2) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(41)(b) (with Sch. paras. 3-5)

F3 Reg. 70(2)(a)(iiia) inserted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), Sch. para. 10 (with Sch. paras. 23-26)

F4 Reg. 70(3) omitted (E. N.I.) (25.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(17) (with regs. 1(4)(b), 5); and omitted (W.) (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(17) (with reg. 5)

F5 Word in reg. 70(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(41)(c) (with Sch. paras. 3-5)

F6 Word in reg. 70(5)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(41)(c) (with Sch. paras. 3-5)

F7 Word in reg. 70(5)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(41)(c) (with Sch. paras. 3-5)