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.