The Public Contracts Regulations 2015

Prior information notices U.K.

48.—(1) Contracting authorities may make known their intentions of planned procurements through the publication of a prior information notice.

(2) Such notices shall contain the information set out in section I of part B of Annex V to the Public Contracts Directive[F1 , but as if—

(a) in paragraph 2, “the second and third subparagraph of Article 53(1)” were a reference to regulation 53(3) and (4) of these Regulations; and

(b) in paragraph 9, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].

(3) A contracting authority wishing to publish a prior information notice shall—

(a) [F2 submit] it for publication in accordance with regulation 51; or

(b) publish it on the contracting authority's buyer profile in accordance with regulation 52.

[F3 (4) Where the prior information notice is published by the contracting authority on its buyer profile, the contracting authority shall [F4 submit] for publication, in accordance with regulation 51, a notice containing the information set out in Part A of Annex V to the Public Contracts Directive][F5 , but as if, in paragraph 6, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].

(5) Where sub-central contracting authorities use a prior information notice as a call for competition in accordance with regulation 26(9), the notice shall fulfil all of the following conditions:—

(a) it refers specifically to the supplies, works or services that will be the subject-matter of the contract to be awarded;

(b) it indicates that the contract will be awarded by restricted procedure or competitive procedure with negotiation without further publication of a call for competition and invites interested economic operators to express their interest;

(c) it contains, in addition to the information [F6 required by paragraph (2)], the information set out in section 2 of [F7 part B of Annex 5 to the Public Contracts Directive, but as if paragraph 12 of that part (financing by EU funds) were omitted];

(d) it has [F8 been submitted] for publication between 35 days and 12 months prior to the date on which an invitation is sent for the purposes of regulation 54(1) or (2).

(6) Where paragraph (5) applies, paragraph (3)(b) shall not apply to the notice, but additional publication at national level under regulation 52, if any, may be made on a buyer profile.

(7) The period covered by the prior information notice shall be a maximum of 12 months from the date on which the notice is transmitted for publication.

(8) In the case of public contracts for social and other specific services, the prior information notice referred to in regulation 75(1)(b) may cover a period which is longer than 12 months.

Textual Amendments

F1 Reg. 48(2)(a)(b) and words inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(a) (with Sch. paras. 3-5)

F2 Word in reg. 48(3)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(b) (with Sch. paras. 3-5)

F3 Reg. 48(4) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 11 (with reg. 5)

F4 Word in reg. 48(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(c)(i) (with Sch. paras. 3-5)

F5 Words in reg. 48(4) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(c)(ii) (with Sch. paras. 3-5)

F6 Words in reg. 48(5)(c) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(d)(i)(aa) (with Sch. paras. 3-5)

F7 Words in reg. 48(5)(c) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(d)(i)(bb) (with Sch. paras. 3-5)

F8 Words in reg. 48(5)(d) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(31)(d)(ii) (with Sch. paras. 3-5)