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The Utilities Contracts (Scotland) Regulations 2016
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Changes over time for: Section 43
Version Superseded: 30/05/2023
Alternative versions:
- 18/04/2016- Amendment
- 31/12/2020- Amendment
- 31/12/2021
Point in time - 30/05/2023- Amendment
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The Utilities Contracts (Scotland) Regulations 2016, Section 43 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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43.—(1) In an open procedure, a utility must permit any interested economic operator to submit a tender in response to a call for competition within the time period set by the utility in accordance with this regulation.
(2) The tender must be accompanied by the information for qualitative selection that is required by the utility.
(3) Subject to paragraphs (4) to (6), the minimum time period for the receipt of tenders shall be 35 days from the date on which the contract notice is [F1submitted] for publication.
(4) Where a utility has published a periodic indicative notice which was not itself used as a mean of calling for competition under regulation 42(5)(a) (choice of procedures), the minimum time limit for the receipt of tenders may be reduced to 15 days, provided that—
(a)the periodic indicative notice included all the information required for the contract notice in [F2regulation 65(2) and (6)(c)]; and
(b)the periodic indicative notice was [F3submitted] for publication between 35 days and 12 months before the date on which the contract notice was [F3submitted] for publication.
(5) Where a state of urgency duly substantiated by a utility renders it impracticable to apply the minimum time limit set out in paragraph (3), the utility may fix a time limit which must not be less than 15 days from the date on which the contract notice was [F4submitted] for publication.
(6) A utility may reduce the minimum time period referred to in paragraph (3) by a period of up to 5 days where it accepts that tenders may be submitted by electronic means in accordance with regulation 38 (rules applicable to communication).
Textual Amendments
F1Word in reg. 43(3) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(28)(a) (with sch. paras. 1-5)
F2Words in reg. 43(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), 6(28)(b)(i) (with sch. paras. 1-5)
F3Word in reg. 43(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), 6(28)(b)(ii) (with sch. paras. 1-5)
F4Word in reg. 43(5) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(28)(c) (with sch. paras. 1-5)
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