Publication of noticesE+W+N.I.
91.—(1) Utilities intending to award a contract for the services referred to in regulation 90 shall make known their intention by any of the following means—
(a)a contract notice; [F1or]
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a notice on the existence of a qualification system, which shall be published continuously.
(2) Paragraph (1) shall not apply where a negotiated procedure without prior call for competition could have been used, in accordance with regulation 50, for the award of a service contract.
(3) Utilities that have awarded a contract for the services referred to in regulation 90 shall make known the results by mean of a contract award notice.
(4) Utilities may, however, group contract award notices on a quarterly basis, in which case they shall [F3submit] the grouped notices within 30 days of the end of each quarter.
(5) The notices referred to in paragraphs (1), (3) and (4) shall contain the information referred to in the relevant part of Annex XVIII to the Utilities Contracts Directive [F4, but as if, in paragraph 4 of part D, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Utilities Contracts Regulations 2016)].
(6) Utilities shall [F5submit] the notices referred to in this regulation for publication in accordance with regulation 71.
Textual Amendments
F1Word in reg. 91(1) 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(20)(a) (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(20)(a) (with reg. 5)
F2Reg. 91(1)(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(20)(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(20)(b) (with reg. 5)
F3Word in reg. 91(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(53)(a) (with Sch. paras. 3-5)
F4Words in reg. 91(5) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(53)(b) (with Sch. paras. 3-5)
F5Word in reg. 91(6) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(53)(c) (with Sch. paras. 3-5)