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The Utilities Contracts (Scotland) Regulations 2016, Section 91 is up to date with all changes known to be in force on or before 15 August 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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91. This Chapter applies to—
(a)design contests organised as part of a procedure leading to the award of a service contract provided that the estimated value [F1inclusive of VAT, where appropriate] of the service contract including any possible prizes or payments to participants is equal to or greater than the threshold referred to in regulation 15(1)(a) (thresholds); and
(b)design contests where the total estimated value [F2inclusive of VAT, where appropriate] of contest prizes and payments to participants, including the estimated value [F2inclusive of VAT, where appropriate] of the service contract which might subsequently be concluded in accordance with regulation 48(4)(f) (use of the negotiated procedure without prior call for competition) if the utility does not exclude such an award in the contest notice, is equal to or greater than the threshold referred to in regulation 15(1)(a) (thresholds).
Textual Amendments
F1Words in reg. 91(a) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds etc.) (Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/378), regs. 1(2), 4(4) (with reg. 6)
F2Words in reg. 91(b) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds etc.) (Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/378), regs. 1(2), 4(4) (with reg. 6)
Modifications etc. (not altering text)
C1Pt. 3 Ch. 2 modified (18.4.2016) by S.S.I. 2013/50, Sch. 3 para. 10(2)(b) (as substituted by The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49), reg. 1, sch. 3 para. 3(2)(b))
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