SCHEDULE 2APPLICATION OF THE UTILITIES CONTRACTS REGULATIONS 2006

PART 1

Provision applied

Modification

regulation 2 (interpretation) and Schedules 2 (activities constituting works) and 4 (extension to non-member States).

These provisions apply only to the extent that they are relevant to the provisions referred to in this Schedule.

regulation 4 and Schedule 4 (extension to non-member States).

regulation 12 (technical specifications in contract documents).

regulation 13 (variants).

regulation 14 (the open, restricted and negotiated procedures).

regulation 16 (call for competition).

Paragraphs (2)(a)(i), (3) and (4) do not apply.

regulation 17 (award without call for competition).

Only paragraph (1)(i) applies.

regulation 18 (framework agreements).

regulation 21 (central purchasing bodies).

regulation 22 (time limits).

Paragraph (3) does not apply.

regulation 23 (general provisions in relation to qualification and selection of economic operators).

regulation 24 (mutual recognition concerning administrative, technical or financial conditions).

regulation 25 (qualification systems).

regulation 26 (criteria for rejection of economic operators).

The incumbent undertaker is bound by paragraph (1) as if it were a contracting authority. Paragraph (3) does not apply.

regulation 27 (criteria for selection of economic operators).

regulation 28 (consortia).

Paragraph (2) applies as if the references to being admitted to a dynamic purchasing system were omitted.

regulation 29 (corporations).

Paragraph (1) applies as if the reference to being admitted to a dynamic purchasing system were omitted.

regulation 29A (notification).

Paragraph (4) does not apply.

regulation 30 (criteria for the award of a contract).

Paragraph (9) applies as if the reference to “the Minister” were a reference to “the Secretary of State” and as if the words “for onward transmission to the Commission” were omitted.

regulation 33 (information about contract award procedures).

Paragraph (6A) does not apply; paragraph (7) applies as if “or a dynamic purchasing system” were omitted; paragraph (9) applies as if sub-paragraph (b)(ii) were omitted; paragraph (11) applies as if sub-paragraph (b) were omitted; and paragraph (15) applies as if the words after “expired” in sub-paragraph (b)(ii) were omitted.

regulation 33A (standstill period).

regulation 35 (obligations relating to taxes, environmental protection, employment protection and working conditions).

regulation 36 (conditions for performance of contracts).

regulation 37 (preservation of records).

Paragraphs (1)(b) and (2) do not apply

regulation 40 (publication of notices).

Paragraphs (5) and (7) do not apply.

regulation 41 (confidentiality of information).

regulation 42 (means of communication).

regulation 43 (sub-contracting).

Part 9 (applications to the Court)