Transitional provisions
13.—(1) Nothing in these Regulations affects any contract award procedure commenced before 20th December 2009.
(2) For that purpose, a contract award procedure has been commenced before 20th December 2009 if, before that date—
(a)a contract notice has been sent to the Official Journal in accordance with the principal Regulations in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract or dynamic purchasing system;
(b)a periodic indicative notice has been sent to the Official Journal, in which case the contract award procedure that is not affected by these Regulations is the procedure for the award of any proposed contract the intention to award which was indicated in the notice, but only if the requirements in regulation 16(3)(a) and (b) of the principal Regulations are satisfied;
(c)the utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract or dynamic purchasing system; or
(d)the utility has contacted any economic operator in order to—
(i)seek expressions of interest or offers in respect of a proposed contract or dynamic purchasing system; or
(ii)respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed contract or dynamic purchasing system.
(3) Nothing in these Regulations affects the award of a specific contract under a framework agreement where the framework agreement was concluded—
(a)before 20th December 2009; or
(b)on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by these Regulations.
(4) Nothing in these Regulations affects the award of a specific contract under a dynamic purchasing system where the system was established—
(a)before 20th December 2009; or
(b)on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by these Regulations.
(5) In this regulation—
(a)“contract”, “dynamic purchasing system” and “periodic indicative notice” have the same meanings as in the principal Regulations; and
(b)“these Regulations” does not include regulations 4(a)(i),4(a)(iii), 5, 11 or, to the extent that it revokes regulation 46 of the principal Regulations, 12.