The Public Contracts (Scotland) Regulations 2015

Notices S

78.—(1) A contracting authority that intends to carry out a design contest must make known its intention by means of a contest notice which includes the information set out in Part E of Annex V to the Directive [F1 , but as if—

(a) in paragraph 2, “the second and third sub-paragraphs of Article 53(1)” were a reference to regulation 54(3) and (4) of these Regulations,

(b) in paragraph 16, “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].

(2) Where a contracting authority intends to award a subsequent service contract under regulation 33(6) (use of the negotiated procedure without prior publication), this must be indicated in the contest notice.

(3) The contracting authority must [F2 submit] the contest notice for publication in accordance with regulation 52 ([F3 publication on the UK e-notification service]).

(4) A contracting authority that has held a design contest must—

(a) [F4 submit] a notice of the results of the contest for publication in accordance with regulation 52 ([F5 publication on the UK e-notification service]); and

(b) be able to prove the date [F6 on which the notice was submitted to the UK e-notification service].

(5) The notice of the results of the contest must include the information set out in Part F of Annex V to the Directive [F7 , but as if—

(a) paragraph 12 (financing by EU funds) were omitted,

(b) in paragraph 13, “in the Official Journal of the European Union “ read “on the UK e-notification service (within the meaning of the Public Contracts (Scotland) Regulations 2015”, and

(c) in paragraph 14, “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) A contracting authority may withhold from publication information on the result of the contest where the release of the information—

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

(b) would prejudice the commercial interests of any person; or

(c) might prejudice fair competition between economic operators.

Textual Amendments

F1 Reg. 78(1)(a)(b) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(a) (with sch. paras. 1-5)

F2 Word in reg. 78(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(b)(i) (with sch. paras. 1-5)

F3 Words in reg. 78(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(b)(ii) (with sch. paras. 1-5)

F4 Word in reg. 78(4)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(c)(i)(aa) (with sch. paras. 1-5)

F5 Words in reg. 78(4)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(c)(i)(bb) (with sch. paras. 1-5)

F6 Words in reg. 78(4)(b) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(c)(ii) (with sch. paras. 1-5)

F7 Reg. 78(5)(a)-(c) and words inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 4(53)(d) (with sch. paras. 1-5)