94. This Chapter applies to—
(a)design contests organised as part of a procurement procedure for a service contract, provided that the estimated value of the contract (net of VAT) and including any possible prizes or payments to participants is equal to or greater than the threshold mentioned in regulation 16(1)(a);
(b)design contests where the total amount of contest prizes and payments to participants including the value (net of VAT) of the service contract, which might subsequently be concluded following a negotiated procedure without prior call for competition in accordance with regulation 50(1)(j) if the utility does not exclude such an award in the contest notice, is equal to or greater than the threshold mentioned in regulation 16(1)(a).
95.—(1) Utilities that intend to organise a design contest shall call for competition by means of a contest notice.
(2) Contest notices shall—
(a)include the information set out in Annex XIX to the Utilities Contracts Directive [F1, but as if, in paragraph 15, “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]; and
(b)be [F2submitted] for publication in accordance with regulation 71.
(3) Utilities that have held a design contest shall make the results known by means of a notice, which shall be [F3submitted] for publication—
(a)in accordance with regulation 71, and
(b)within 30 days of the closure of the design contest.
(4) A notice of the results of the contest shall include the information set out in Annex XX to the Utilities Contracts Directive [F4, but as if, in paragraph 11, “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) But where the release of the information on the outcome of the contest—
(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,
such information may be withheld from publication.
Textual Amendments
F1Words in reg. 95(2)(a) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(55)(a)(i) (with Sch. paras. 3-5)
F2Word in reg. 95(2)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(55)(a)(ii) (with Sch. paras. 3-5)
F3Word in reg. 95(3) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(55)(b) (with Sch. paras. 3-5)
F4Words in reg. 95(4) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(55)(c) (with Sch. paras. 3-5)
96.—(1) When organising design contests, utilities shall apply procedures which are adapted to the provisions of Part I and this Chapter.
F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where design contests are restricted to a limited number of participants, utilities shall establish clear and non-discriminatory selection criteria.
(4) In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.
(5) The jury shall be composed exclusively of natural persons who are independent of participants in the contest.
(6) Where a particular professional qualification is required of participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification.
Textual Amendments
F5Reg. 96(2) omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(56) (with Sch. paras. 3-5)
97.—(1) The jury shall be autonomous in its decisions and opinions.
(2) The jury shall examine the plans and projects submitted by the candidates anonymously and solely on the basis of the criteria indicated in the contest notice.
(3) The jury shall record its ranking of projects in a report, signed by its members, made according to the merits of each project, together with its remarks and any points that may need clarification.
(4) Anonymity shall be observed until the jury has reached its opinion or decision.
(5) Candidates may be invited, if need be, to answer questions that the jury has recorded in the minutes to clarify any aspects of the projects.
(6) Complete minutes shall be drawn up of the dialogue between jury members and candidates.