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The Utilities Contracts Regulations 2016, Section 65 is up to date with all changes known to be in force on or before 23 February 2025. 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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65.—(1) Utilities may decide to award a contract in the form of separate lots and may determine the size and subject-matter of such lots.
(2) Utilities shall indicate—
(a)in the contract notice; [F1or]
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender or to negotiate,
whether tenders may be submitted for one, for several or for all of the lots.
(3) Utilities may, even where tenders may be submitted for several or all lots, limit the number of lots that may be awarded to one tenderer provided that the maximum number of lots per tenderer is stated in—
(a)the contract notice; or
(b)the invitation F3... to tender or to negotiate.
(4) Utilities shall indicate in the procurement documents the objective and non-discriminatory criteria or rules they intend to apply for determining which lots will be awarded where the application of the award criteria would result in one tenderer being awarded more lots than the maximum number.
(5) Where more than one lot may be awarded to the same tenderer, utilities may award a contract combining several or all lots where they have specified in the—
(a)contract notice; or
(b)in the invitation F4... to tender or to negotiate,
that they reserve the possibility of doing so and indicate the lots or groups of lots that may be combined.
Textual Amendments
F1Word in reg. 65(2) inserted (E. N.I.) (25.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(15)(a)(i) (with regs. 1(4)(b), 5); and inserted (W.) (26.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(15)(a)(i) (with reg. 5)
F2Reg. 65(2)(b) omitted (E. N.I.) (25.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(15)(a)(ii) (with regs. 1(4)(b)); and omitted (W.) (26.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(15)(a)(ii) (with reg. 5)
F3Words in reg. 65(3)(b) omitted (E. N.I.) (25.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(15)(b) (with regs. 1(4)(b), 5); and omitted (W.) (26.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(15)(b)
F4Words in reg. 65(5)(b) omitted (E. N.I.) (25.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(15)(b) (with regs. 1(4)(b), 5); and omitted (W.) (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(15)(b)
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