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The Utilities Supply and Works Contracts Regulations 1992

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PUBLIC PROCUREMENT

These Regulations implement in its entirety Council Directive 90/531/EEC (OJ No.L297,29.10.90,p.1) concerning the co-ordination of procedures for the award of supply and works contracts by certain entities operating in the water, energy, transport and telecommunications sectors. These entities are specified in Schedule 1, and in the Regulations are called “utilities” (regulation 3).

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The Utilities Supply and Works Contracts (Amendment) Regulations 1993

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The Utilities Contracts Regulations 1996

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The Utilities Supply and Works Contracts Regulations 1992

PART IGENERAL

1Title and commencement

2Interpretation

3Utilities

4Suppliers and Contractors

5Application of the Regulations

6General exclusions

7Exclusion in respect of certain contracts awarded by utilities operating in the telecommunications sector

8Exemption in respect of certain utilities operating in the energy sector

9Thresholds

10Framework agreements

PART IITECHNICAL SPECIFICATIONS

11Technical specifications in the contract documents

PART IIIPROCEDURES LEADING TO THE AWARD OF A CONTRACT

12The Open, Restricted and Negotiated Procedures

13Periodic indicative notices

14Call for competition

15Award without a call for competition

16Time Limits

PART IVQUALIFICATION AND SELECTION OF SUPPLIERS AND CONTRACTORS

17Qualification system for suppliers or contractors

18Selection of suppliers and contractors in the restricted or negotiated procedures

19Consortia

PART VTHE AWARD OF A CONTRACT

20Criteria for the award of a contract

21Rejection of third country offers

22Contract award notice

PART VIMISCELLANEOUS

23Obligations relating to employment protection and working conditions

24Sub-contracting

25Preservation of records

26Statistical and other reports

27The Responsible Minister

28Official Journal notices

29Confidentiality of Information

PART VIIAPPLICATIONS TO THE COURT AND CONCILIATION

30Enforcement of obligations

31Conciliation

PART VIIIAMENDMENTS

32Amendment of the Public Works Contracts Regulations and the Public Supply Contracts Regulations

SCHEDULES

Schedule 1Utilities and activities

Schedule 2Excluded public telecommunications services

Schedule 3Activities constituting works

Schedule 4Forms of notices for publication in the Official Journal.

1992 No.3279

PUBLIC PROCUREMENT

The Utilities Supply and Works Contracts Regulations 1992

Made23rd December 1992

Laid before Parliament23rd December 1992

Coming into force13th January 1993

The Treasury, being the Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to public procurement, in exercise ofthe powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:—