The Public Contracts (Scotland) Regulations 2015

Transitory Provision: temporary exemption

101.—(1) Notwithstanding paragraphs (4) to (6) of regulation 1 nothing in the provisions commenced by those paragraphs affect—

(a) any procurement or design contest that is commenced before the dates respectively mentioned in those paragraphs; or

(b) any contract awarded as a result of such procurement or following such contest.

(2) For that purpose, a procurement or design contest has been commenced before the dates mentioned if, before such date—

(a) a contract notice or, as the case may be, design contest notice, has been sent to the Official Journal in accordance with regulation 52 in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed public contract, framework agreement or dynamic purchasing system;

(b) the contracting authority has had published any form of advertisement seeking offers or expressions of interest in a proposed public contract, framework agreement or dynamic purchasing system; or

(c) the contracting authority has contacted any economic operator in order to—

(i) seek expressions of interest or offers in respect of a proposed public contract, framework agreement or dynamic purchasing system; or

(ii) respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed public contract, framework agreement or dynamic purchasing system.