PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 3PARTICULAR PROCUREMENT REGIMES

SECTION 8Rules Governing Design Contests

Notices

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.

(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 send the contest notice for publication in accordance with regulation 52 (form and manner of sending notices for publication at EU level).

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

(a)send a notice of the results of the contest for publication in accordance with regulation 52 (form and manner of sending notices for publication at EU level); and

(b)be able to prove the date of dispatch of such notice.

(5) The notice of the results of the contest must include the information set out in Part F of Annex V to the Directive.

(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.