The Utilities Supply and Works Contracts Regulations 1992

Call for competition

14.—(1) Subject to regulation 15, for the purposes of seeking offers in relation to a proposed contract a utility shall make a call for competition.

(2) The requirement under paragraph (1) above to make a call for competition shall be satisfied—

(a) in the case of a contract to be awarded using the restricted or negotiated procedure—

(i) if the intention to award the contract has been indicated in a periodic indicative notice and the requirements referred to in paragraph (3) below are satisfied in relation to the contract; or

(ii) if a notice indicating the existence of a qualification system for suppliers or contractors has been sent to the Official Journal in accordance with regulation 17(12) below and the requirement referred to in paragraph (4) below is satisfied; or

(b) in any case by sending to the Official Journal a contract notice in a form substantially corresponding to that set out in—

(i) Part B of Schedule 4, in the case of a contract to be awarded using the open procedure,

(ii) Part C of Schedule 4, in the case of a contract to be awarded using the restricted procedure, and

(iii) Part D of Schedule 4, in the case of a contract to be awarded using the negotiated procedure,

and containing the information specified in the relevant Part in respect of the contract.

(3) The requirements referred to in paragraph (2)(a)(i) above are that—

(a) the periodic indicative notice refers specifically to the goods or works which are to be the subject of the proposed contract,

(b) the notice states that offers are to be sought using the restricted or negotiated procedure without further publication of a notice calling for competition and invites suppliers or contractors to express their interest in writing,

(c) the utility sends to all suppliers or contractors who express such an interest detailed information on the contract concerned and before beginning the selection of suppliers or contractors invites them to confirm their wish to be selected to tender for or to negotiate the contract, and

(d) the notice was not published more than 12 months before the date on which the invitation sent in accordance with sub-paragraph (c) above is sent.

(4) The requirement referred to in paragraph (2)(a)(ii) above is that the suppliers or contractors selected to tender for or to negotiate the contract are selected from the candidates who qualify in accordance with the system.