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The Public Contracts Regulations 2015, Section 108 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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108.—(1) Paragraph (2) applies where a contracting authority—
(a)[F1submits] a contract award notice to the [F2UK e-notification service] for publication; or
(b)awards a contract based on a framework agreement.
(2) In those circumstances, the contracting authority shall cause at least the following information to be published on Contracts Finder:—
(a)the name of the contractor;
(b)the date on which the contract was entered into;
(c)the value of the contract.
(3) But the contracting authority may withhold information from publication where its release—
(a)would impede law enforcement or would otherwise be contrary to the public interest,
(b)would prejudice the legitimate commercial interests of a particular economic operator, whether public or private, or
(c)might prejudice fair competition between economic operators.
(4) Contracting authorities shall comply with paragraph (2) within a reasonable time.
(5) But where a contracting authority [F3submits, or intends to submit], a contract award notice to the [F4UK e-notification service] for publication, the contracting authority shall not cause the information to be published on Contracts Finder [F5before the notice is published on the UK e-notification service].
(6) In complying with this regulation, contracting authorities shall have regard to any guidance issued by the Minister for the Cabinet Office on—
(a)the form and manner in which the information is to be published on Contracts Finder; and
(b)what is a reasonable time (having regard, where relevant, to paragraph (5)) for the purposes of paragraph (4).
(7) Paragraph (8) applies if such guidance confirms that, for the time being, arrangements have been put in place by or on behalf of the Cabinet Office under which the information referred to in paragraph (2) will, without further action by contracting authorities, be extracted and published on Contracts Finder following the publication of contract notices [F6on the UK e-notification service].
(8) In those circumstances, contracting authorities shall be deemed to have complied with paragraph (2) by virtue of [F7submitting] a contract award notice to the [F8UK e-notification service] for publication in accordance with regulation 51.
(9) In this regulation, “contract award notice” means a contract award notice referred to in regulation 50 or 75(3).
Textual Amendments
F1Word in reg. 108(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(a)(i) (with Sch. paras. 3-5)
F2Words in reg. 108(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(a)(ii) (with Sch. paras. 3-5)
F3Words in reg. 108(5) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(b)(i) (with Sch. paras. 3-5)
F4Words in reg. 108(5) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(b)(ii) (with Sch. paras. 3-5)
F5Words in reg. 108(5) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(b)(iii) (with Sch. paras. 3-5)
F6Words in reg. 108(7) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(c) (with Sch. paras. 3-5)
F7Word in reg. 108(8) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(d)(i) (with Sch. paras. 3-5)
F8Words in reg. 108(8) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(62)(d)(ii) (with Sch. paras. 3-5)
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