The Utilities Contracts Regulations 2006 (revoked)

Information about contract award procedures E+W+N.I.

[F1 Award decision notice

33.— (1) Subject to paragraph (13), a utility shall, as soon as possible after the decision has been made, inform the tenderers and candidates of its decision to award the contract, and shall do so by notice in writing by the most rapid means of communication practicable.

(2) Where it is to be sent to a tenderer, the notice referred to in paragraph (1) shall include—

(a) the criteria for the award of the contract;

(b) the reasons for the decision, including the characteristics and relative advantages of the successful tender, the score (if any) obtained by—

(i) the economic operator which is to receive the notice; and

(ii) the economic operator to be awarded the contract,

and anything required by paragraph (10);

(c) the name of the economic operator to be awarded the contract; and

(d) a precise statement of either—

(i) when, in accordance with regulation 33A, the standstill period is expected to end and, if relevant, how the timing of its ending might be affected by any and, if so what, contingencies; or

(ii) the date before which the utility will not, in conformity with regulation 33A, enter into the contract.

(2A) Where it is to be sent to a candidate, the notice referred to in paragraph (1) shall include—

(a) the reasons why the candidate was unsuccessful; and

(b) the information mentioned in paragraph (2), but as if the words “and relative advantages” were omitted from sub-paragraph (b).]

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (6A) Where the contract is permitted by these Regulations to be awarded without a call for competition, the utility need not comply with paragraph (1).

(6B) Where the only tenderer is the one who is to be awarded the contract, and there are no candidates, the utility need not comply with paragraph (1).]

(7) Where a utility awards a contract under a framework agreement [F4 or a dynamic purchasing system], that utility need not comply with paragraphs (1) to (5).

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 Reasons to be given on request to unsuccessful economic operators;]

(9) [F7 Except to the extent that the utility has already informed the economic operator (whether by notice under paragraph (1) or otherwise),] and subject to paragraph (13), a utility shall within 15 days of the date on which it receives a request in writing from any economic operator which was unsuccessful—

(a) inform that economic operator of the reasons why it was unsuccessful; and

(b) if the economic operator submitted an admissible tender, the utility shall inform that economic operator of the characteristics and relative advantages of the successful tender and—

(i) the name of the economic operator to be awarded the contract, [F8 or]

F9 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (ii)] the names of the economic operators admitted to the dynamic purchasing system.

(10) The reasons referred to in [F11 paragraphs (2)(b) and (9)(a)] shall include any reason for the utility's decision that the economic operator did not meet the technical specifications—

(a) as specified in regulation 12(6) by an equivalent means; or

(b) in terms of the performance or functional requirements in regulation 12(7) by an equivalent means.

[F12 Abandonment or recommencement of procedure; ]

(11) Subject to paragraph (13), a utility shall as soon as possible after the decision has been made, inform any economic operator which submitted an offer, which applied to be included amongst the [F13 candidates and tenderers ] of its decision to abandon or to recommence a contract award procedure in respect of which a contract notice has been published, in relation to—

(a) the award of a contract; [F14 or]

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (b)] admittance to a dynamic purchasing system.

(12) A utility which informs an economic operator of its decision in accordance with paragraph (11) shall—

(a) include the reasons for the decision; and

(b) provide the decision and reasons in writing if requested by the economic operator.

[F17 Grounds for withholding information;]

(13) A utility may withhold any information to be provided in accordance with paragraph (1), (2), F18 ... (9), (11), or (12) where the disclosure of such information—

(a) would impede law enforcement;

(b) would otherwise be contrary to the public interest;

(c) would prejudice the legitimate commercial interests of any economic operator; or

(d) might prejudice fair competition between economic operators.

[F19 Definitions

(14) For the purposes of this regulation—

(a) “candidate” means an economic operator (other than a tenderer) which applied to be included amongst the economic operators to be selected to tender or to negotiate the contract, but does not include any economic operator which has been informed of the rejection of its application, and the reasons for it; and

(b) “tenderer” means an economic operator which submitted an] [F20 offer and has not been definitively excluded].

[F21 (15) For the purposes of paragraph (14)(b)—

(a) a tenderer has been excluded if its offer has been excluded from consideration; and

(b) an exclusion is definitive if, and only if, the tenderer has been notified of the exclusion and either—

(i) the exclusion has been held to be lawful in proceedings under Part 9; or

(ii) the time limit for starting such proceedings has expired even on the assumption that the Court would have granted the maximum extension permitted by regulation 45D(4) and (5).]

Textual Amendments

F1 Reg. 33(1)(2)(2A) substituted for reg. 33(1)(2) (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(a) (with reg. 13)

F2 Reg. 33(3)-(6) omitted (20.12.2009) by virtue of The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(b) (with reg. 13)

F3 Reg. 33(6A)(6B) inserted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(c) (with reg. 13)

F4 Words in reg. 33(7) inserted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(d) (with reg. 13)

F5 Reg. 33(8) omitted (20.12.2009) by virtue of The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(e) (with reg. 13)

F6 Reg. 33(9) heading inserted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(f) (with reg. 13)

F7 Words in reg. 33(9) substituted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(g)(i) (with reg. 13)

F8 Word in reg. 33(9)(b)(i) moved (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(g)(ii) (with reg. 13)

F9 Reg. 33(9)(b)(ii) omitted (20.12.2009) by virtue of The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(g)(ii) (with reg. 13)

F10 Reg. 33(9)(b)(ii): reg. 33(9)(b)(iii) renumbered as reg. 33(9)(b)(ii) (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(g)(ii) (with reg. 13)

F11 Words in reg. 33(10) substituted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(h) (with reg. 13)

F12 Reg. 33(11) heading inserted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(i) (with reg. 13)

F13 Words in reg. 33(11) substituted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(j)(i) (with reg. 13)

F14 Word in reg. 33(11)(a) moved (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(j)(ii) (with reg. 13)

F15 Reg. 33(11)(b) omitted (20.12.2009) by virtue of The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(j)(ii) (with reg. 13)

F16 Reg. 33(11)(b): reg. 33(11)(c) renumbered as reg. 33(11)(b) (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(j)(ii) (with reg. 13)

F17 Reg. 33(13) heading inserted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(k) (with reg. 13)

F18 Words in reg. 33(13) omitted (20.12.2009) by virtue of The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(l) (with reg. 13)

F19 Reg. 33(14) and heading inserted (20.12.2009) by The Utilities Contracts (Amendment) Regulations 2009 (S.I. 2009/3100), regs. 1(1), 9(m) (with reg. 13)

F20 Words in reg. 33(14)(b) substituted (1.10.2011) by The Public Procurement (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2053), regs. 1, 20(a) (with reg. 10)

F21 Reg. 33(15) inserted (1.10.2011) by The Public Procurement (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2053), regs. 1, 20(b) (with regs. 9(2), 10)

Modifications etc. (not altering text)

C1 Reg. 33 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 2 Pt. 1 (with reg. 1(1)(c)) (as amended (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 50 (with reg. 5)