PART 5REMEDIES

CHAPTER 9APPLICATIONS TO THE COURT

F1Duty owed to economic operators from GPA parties51A

1

The duty owed in accordance with regulation 51(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.

F23

In this regulation, “relevant time” means the date on which the contracting entity submitted a concession notice in respect of the concession contract to the UK e-notification service or would have done so if it had been required by these Regulations to do so.