PART 3Award of public contracts and procedures
CHAPTER 2Competitive award
Awarding contracts by reference to dynamic markets
34Competitive award by reference to dynamic markets
1
A competitive flexible procedure may provide for the following suppliers to be excluded from participating in, or progressing as part of, the procedure—
a
suppliers that are not members of an appropriate dynamic market, or
b
suppliers that are not members of an appropriate part of an appropriate dynamic market.
2
3
In assessing tenders under section 19, a contracting authority must disregard any tender from a supplier that is not a member of—
a
the appropriate dynamic market, or
b
the appropriate part of the appropriate dynamic market.
4
A contracting authority must, before excluding suppliers or disregarding tenders under this section, consider any applications for membership of the market or part of the market from suppliers that have submitted a request to participate in the competitive flexible procedure, or submitted a tender as part of the competitive flexible procedure.
5
Subsection (4) does not apply in relation to an application for membership if, due to exceptional circumstances arising from the complexity of the particular procurement, a contracting authority is unable to consider the application before—
a
the deadline for submitting a request to participate in the procedure, or
b
where there has been no invitation to submit such requests, the deadline for submitting a first or only tender.
6
A dynamic market or part of a dynamic market is “appropriate” for the purposes of this section if its terms permit the award of the contract by the contracting authority.
7
This section does not apply in relation to the award of a concession contract, unless the concession contract is also a utilities contract.
8
In this Act—
“dynamic market” means arrangements established under section 35(1);
references to a contract being awarded by reference to suppliers’ membership of a dynamic market are references to a contract being awarded in reliance on this section;
references to suppliers’ membership of a dynamic market are references to suppliers’ participation in arrangements established under section 35(1).