The Utilities Supply and Works Contracts Regulations 1992

Regulations 13(1), 14(2)(b), 17(12) and 22(1)

SCHEDULE 4 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A PERIODIC INDICATIVE NOTICE

For supply contracts:

A.—1. The name, address and telephone, telegraphic, telex and facsimile numbers of the utility and of the service from which additional information may be obtained.

2. For each type of goods or services the total quantity or value to be supplied under the contract(s).

3. (a) Estimated date of the commencement of the procedures leading to the award of the contract(s) (if known).

(b) Type of award procedure to be used.

4. Other information (for example, indicate if a call for competition will be published later).

5. Date of despatch of the notice.

For works contracts

B.—1. The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2. (a) The site.

(b) The nature and extent of the services to be provided, the main characteristics of the work or where relevant of any lots by reference to the work.

(c) An estimate of the cost of the service to be provided.

3. (a) Type of award procedure to be used.

(b) Estimated date for initiating the award procedures in respect of the contract or contracts.

(c) Estimated date for the start of the work.

(d) Estimated time-table for completion of the work.

4. Terms of financing of the work and of price revision.

5. Other information (for example, indicate if a call for competition will be published later).

6. Date of despatch of the notice.

PART B OPEN PROCEDURES NOTICE

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply or works; where applicable, state if it is a framework agreement(1))

3.—(a) Place of delivery, or site.

(b) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(c) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Authorisation to submit variants.

(e) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.  Derogation from the use of European specifications, in accordance with regulation 11(4).

5.  Time limits for delivery or completion.

6.—(a) Name and address from which the contract documents and additional documents may be requested.

(b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents.

7.—(a) The final date for receipt of tenders.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

8.—(a) Where applicable, the persons authorised to be present at the opening of tenders.

(b) The date, hour and place of such opening.

9.  Any deposits and guarantees required.

10.  Main terms concerning financing and payment and/or reference to the provisions in which these are contained.

11.  Where applicable, the legal form to be taken by the grouping of suppliers or contractors to whom the contract is awarded.

12.  Minimum standards of economic and financial standing and technical capacity required of the supplier or contractor to whom the contract is awarded.

13.  Period during which the tenderer is bound to keep open his tender.

14.  The criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned where they do not appear in the contract documents.

15.  Other information.

16.  Where applicable, the date of publication in the Official Journal of the European Communities of the periodic indicative notice which refers to the contract.

17.  Date of despatch of the notice.

PART C RESTRICTED PROCEDURES NOTICE

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply or works; where applicable, state if it is a framework agreement(2)).

3.—(a) Place of delivery, or site.

(b) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(c) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) Authorisation to submit variants.

(e) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.  Derogation from the use of European specifications, in accordance with regulation 11(4).

5.  Time limits for delivery or completion.

6.  Where applicable, the legal form to be taken by the grouping of suppliers or contractors to whom the contract is awarded.

7.—(a) The final date for receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

8.  The final date for despatch of invitations to tender.

9.  Any deposits and guarantees required.

10.  Main terms concerning financing and payment and/or reference to the provisions in which these are contained.

11.  Information concerning the supplier’s or contractor’s personal position and minimum standards of economic and financial standing and technical capacity required of the supplier or contractor to whom the contract is awarded.

12.  The criteria for the award of the contract where they are not mentioned in the invitation to tender.

13.  Other information.

14.  Where applicable, the date of publication in the Official Journal of the European Communities of the periodic indicative notice which refers to the contract.

15.  Date of despatch of the notice.

PART D NEGOTIATED PROCEDURES NOTICE

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply or works; where applicable, state if it is a framework agreement(3)).

3.—(a) Place of delivery, or site.

(b) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(c) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(d) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

4.  Derogation from the use of European specifications, in accordance with Regulation 11(4).

5.  Time limit for delivery or completion.

6.  There applicable, the legal form to be taken by the grouping of suppliers or contractors to whom the contract is awarded.

7.—(a) The final date for receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

8.  Any deposits and guarantees required.

9.  Main terms concerning financing and payment and/or references to the provisions in which these are contained.

10.  Information concerning the supplier’s or contractor’s personal position and minimum standards of economic and financial standing and technical capacity required of the supplier or contractor to whom the contract is awarded.

11.  Where applicable, the names and addresses of suppliers or contractors already selected by the utility.

12.  Where applicable, date(s) of previous publications in the Official Journal of the European Communities.

13.  Other information.

14.  Where applicable, the date of publication in the Official Journal of the European Communities of the periodic indicative notice which refers to the contract.

15.  Date of despatch of the notice.

PART E NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM

1.  The name, address and telephone, telegraphic, telex and facsimile numbers of the utility.

2.  Purpose of the qualification system.

3  Address where the rules concerning the qualification system can be obtained (if different from the address mentioned under 1.)

4.  Where applicable, duration of the qualification system.

PART F CONTRACT AWARD NOTICE

Information for publication in the Official Journal of the European Communities

I.—1. Name and address of the utility.

2. Nature of the contract (supply or works; where applicable, state if it is a framework agreement(4)).

3. At least a summary indication of the nature of the goods, works or services provided.

4. (a) Form of the call for competition (notice on the existence of a qualification procedure; periodic indicative notice; contract notice).

(b) Date of publication of the notice in the Official Journal of the European Communities.

(c) In the case of contracts awarded without a prior call for competition, indication of the relevant sub-paragraph of regulation 15(1) relied upon.

5. Award procedure (open, restricted or negotiated).

6. Number of tenders received.

7. Date of award of the contract.

8. Price paid for bargain purchases under regulation 15(1)(j).

9. Name and address of successful supplier(s) or contractor(s).

10. State, where applicable, whether the contract has been, or may be, sub-contracted.

11. Optional information:

• value and share of the contract which may be sub-contracted to third parties,

• award criteria,

• price paid (or range of prices).

Information not intended for publication

II.—12. Number of contracts awarded (where an award has been split between more than one supplier).

13. Value of each contract awarded.

14. Country of origin of the product or services (EEC origin or non-EEC origin; if the latter, broken down by third country).

15. Was recourse made to the exceptions to the use of European specifications provided for under regulation 11(4). If so, which?

16. Which award criteria was used (most economically advantageous; lowest price)?

17. Was the contract awarded to a bidder who submitted a variant, in accordance with regulation 20(4)?

18 Were any tenders excluded on the grounds that they were abnormally low, in accordance with regulation 20(6) and (7).

19. Date of despatch of the notice.

(1)

In accordance with regulation 10.

(2)

In accordance with regulation 10.

(3)

In accordance with regulation 10.

(4)

In accordance with regulation 10.