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The Utilities Contracts Regulations 2016
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The Utilities Contracts Regulations 2016, Section 74 is up to date with all changes known to be in force on or before 12 December 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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Changes and effects yet to be applied to Regulation 74:
- Regulations revoked by 2023 c. 54 Sch. 11 para. 7
Invitations to candidatesE+W+N.I.
This section has no associated Explanatory Memorandum
74.—(1) In restricted procedures, competitive dialogue procedures, innovation partnerships and negotiated procedures with prior call for competition, utilities shall simultaneously and in writing invite the selected candidates to submit their tenders, to take part in the dialogue or to negotiate.
F1(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The invitations required by [F2paragraph (1)] shall—
(a)include a reference to the electronic address at which the procurement documents have been made directly available by electronic means, and
(b)be accompanied by the procurement documents, where those documents have not been the subject of unrestricted and full direct access, free of charge, for the reasons referred to in regulation 73(4) or (5) and have not been made otherwise available.
(4) The invitations required by paragraph (1) shall also contain at least the following information—
(a)the final date for receipt of tenders, the address to which they are to be sent and the language or languages in which they are to be drawn up;
(b)in the case of competitive dialogue, the date and the address set for the start of consultation and the language or languages to be used;
(c)a reference to any published call for competition;
(d)an indication of any documents to be attached;
(e)the criteria for the award of the contract, where they are not indicated in the notice on the existence of a qualification system used as a means of calling for competition;
(f)the relative weighting of the contract award criteria or, where appropriate, the order of importance of such criteria, if this information is not given in the contract notice, the notice on the existence of a qualification system or the specifications.
(5) But in the case of contracts awarded through a competitive dialogue or an innovation partnership, the information referred to in paragraph (4)(a) shall not appear in the invitation to negotiate but it shall appear in the invitation to submit a tender.
F3(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 74(2) 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(19)(a) (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(19)(a) (with reg. 5)
F2Words in reg. 74(3) substituted (E. N.I.) (25.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(19)(b) (with regs. 1(4)(b), 5); and substituted (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(19)(b) (with reg. 5)
F3Reg. 74(6) 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(19)(c) (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(19)(c) (with reg. 5)
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