The Utilities Contracts (Scotland) Regulations 2016

Contract award notices S

68.—(1) Not later than 30 days after the award of a contract or conclusion of a framework agreement, a utility must [F1 submit] for publication in accordance with regulation 69 ([F2 publication on the UK e-notification service]) a contract award notice on the results of the procurement.

[F3 (2) A contract award notice must—

(a) contain the information set out in Annex XII to the Utilities Contracts Directive, but as if—

(i) in paragraph 5(b), “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Utilities Contracts (Scotland) Regulations 2016)”,

(ii) in paragraph 5(c), “Article 50” were a reference to regulation 48 (use of the negotiated procedure without prior call for competition) of these Regulations,

(iii) in paragraph 9, “Article 50(h)” were a reference to regulation 48(4)(d) of these Regulations,

(iv) in paragraph 17, the words in brackets were omitted,

(v) in paragraph 19, “Article 64(1)” were a reference to regulation 62(1) (variants) of these Regulations,

(vi) in paragraph 20, “Article 84” were a reference to regulation 82 (abnormally low tenders) of these Regulations,

(vii) in paragraph 21, “date of transmission” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations, and

(b) be submitted for publication in accordance with regulation 69 (publication on the UK e-notification service).]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In accordance with paragraph (5), a utility must [F5 submit] for publication a contract award notice in respect of the award of a supply, service or works contract based on a framework agreement if the estimated value of the contract under the framework is equal to or greater than the threshold referred to in regulation 15(1) (thresholds) applicable to that type of contract.

(5) The utility must [F6 submit] such notices for publication in accordance with regulation 69 ([F7 publication on the UK e-notification service]) on a quarterly basis, within 30 days of the end of each quarter.

(6) In the case of the award of a contract based upon a dynamic purchasing system, a utility must either—

(a) [F8 submit] for publication in accordance with regulation 69 ([F9 publication on the UK e-notification service]) a contract award notice within 30 days after the award of each such contract; or

(b) group notices referred to in sub-paragraph (a) on a quarterly basis, in which case the utility must [F10 submit] for publication in accordance with regulation 69 ([F9 publication on the UK e-notification service]) the grouped notices within 30 days of the end of each quarter.

(7) A utility may withhold from publication information on the contract award or the conclusion of the framework agreement 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.

(8) In the case of contracts for research and development services, the information in paragraph (2) concerning the nature and quantity of the services may be limited to—

(a) where the contract has been awarded by a negotiated procedure without a call for competition in accordance with regulation 48(1)(b) (use of the negotiated procedure without prior call for competition), the indication “R & D Services”; and

(b) where the contract has been awarded by a procedure with a call for competition, information at least as detailed as was indicated in the notice that was used as a means of calling for competition.

Textual Amendments

F1 Word in reg. 68(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(39)(a)(i) (with sch. paras. 1-5)

F2 Words in reg. 68(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(39)(a)(ii) (with sch. paras. 1-5)

F3 Reg. 68(2) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(39)(b) (with sch. paras. 1-5)

F4 Reg. 68(3) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(18) (with reg. 3)

F5 Word in reg. 68(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(39)(c) (with sch. paras. 1-5)

F6 Word in reg. 68(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(39)(c) (with sch. paras. 1-5)

F7 Words in reg. 68(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(39)(d) (with sch. paras. 1-5)

F8 Word in reg. 68(6)(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(39)(c) (with sch. paras. 1-5)

F9 Words in reg. 68(6) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(39)(d) (with sch. paras. 1-5)

F10 Word in reg. 68(6)(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(39)(c) (with sch. paras. 1-5)

Commencement Information

I1 Reg. 68 in force at 18.4.2016, see reg. 1(2)