PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
CHAPTER 2RULES ON PUBLIC CONTRACTS
SECTION 5Conduct of the Procedure
Prior information notices49
1
A contracting authority may make known its intentions of planned procurements through the publication of a prior information notice.
2
A prior information notice must contain the information set out in section I of Part B of Annex V to the Directive F1, but as if—
a
in paragraph 2, “the second and third sub-paragraph of Article 53(1)” were a reference to regulation 54(3) and (4) of these Regulations, and
b
in paragraph 9, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations.
3
A contracting authority wishing to publish a prior information notice must—
a
b
publish it on the contracting authority's buyer profile in accordance with regulation 53 (publication F4otherwise than on the UK e-notification service).
4
5
The notice of publication referred to in paragraph (4) must contain the information set out in Part A of Annex V to the Directive F7, but as if, in paragraph 6, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations.
6
Where a sub-central contracting authority uses a prior information notice as a call for competition pursuant to regulation 27(8) (choice of procedures), the notice must—
a
refer specifically to the works, supplies or services that will be the subject of the contract to be awarded;
b
indicate that the contract will be awarded by restricted procedure or competitive procedure with negotiation without further publication of a call for competition and invite interested economic operators to express their interest;
c
7
In addition to F12submitting a prior information notice used for the purpose mentioned in paragraph (6) for publication in accordance with regulation 52 (F13publication on the UK e-notification service), a contracting authority may publish such a notice on its buyer profile in accordance with regulation 53 (publication F14otherwise than on the UK e-notification service).
8
Subject to paragraph (9), the period covered by a prior information notice must be a maximum of 12 months from the date on which the notice is sent for publication.
9
In the case of a public contract for social and other specific services, a prior information notice referred to in regulation 75(1)(b) (publication of notices) may cover a period which is longer than 12 months.