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The Utilities Contracts (Scotland) Regulations 2016
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Changes over time for: Section 45
Version Superseded: 30/05/2023
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- 18/04/2016- Amendment
- 31/12/2020- Amendment
- 31/12/2021
Point in time - 30/05/2023- Amendment
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Negotiated procedure with prior call for competitionS
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45.—(1) In a negotiated procedure with a prior call for competition, a utility must permit any economic operator to submit a request to participate in response to a call for competition within the time period set by the utility in accordance with this regulation.
(2) A request by an economic operator referred to in paragraph (1) must be accompanied by the information for qualitative selection that is requested by the utility.
(3) The minimum time period for receipt of requests to participate, other than in exceptional circumstances, shall be 30 days from the date on which—
(a)the contract notice was [F1submitted] for publication; or
(b)where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest was sent,
and shall, in any event, not be less than 15 days from such date.
(4) Only those economic operators invited to do so by the utility following its assessment of the information provided may participate in the negotiations.
(5) A utility may limit the number of suitable candidates to be invited to participate in the procedure in accordance with regulation 76(2) (criteria for qualitative selection).
(6) The minimum time limit for the receipt of tenders may be set by agreement between the utility and the economic operators invited to tender, provided that all such economic operators have the same time to prepare and submit their tenders.
(7) If there is no agreement made further to paragraph (6), the minimum time period for the receipt of tenders shall be 10 days from the date on which the invitation to tender is sent.
Textual Amendments
F1Word in reg. 45(3)(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(30) (with sch. paras. 1-5)
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