100A.—(1) The duty owed in accordance with regulation 100(1) (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.
(2) For the purposes of paragraph (1), the GPA applies to a procurement if—
(a)the procurement may result in the award of a contract of any description; and
(b)at the relevant time—
(i)a GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; and
(ii)the economic operator is from that GPA party.
(3) In this regulation, “relevant time” means—
(a)if the utility selects economic operators to tender for or to negotiate the contract in accordance with a qualification system established in accordance with regulation 75 (qualification systems), the date on which the selection commences;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in any other case, the date on which the utility submitted a contract notice (or design contest notice) to the UK e-notification service or would have done so if the requirement that there be a call for competition applied and the utility decided to satisfy that requirement by submitting such a notice.]
Textual Amendments
F1Reg. 100A inserted (11.6.2021) by The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 6(6)
F2Reg. 100A(3)(b) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(24) (with reg. 3)