PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
CHAPTER 3PARTICULAR PROCUREMENT REGIMES
SECTION 8Rules Governing Design Contests
Notices78
1
A contracting authority that intends to carry out a design contest must make known its intention by means of a contest notice which includes the information set out in Part E of Annex V to the Directive F1, but as if—
a
in paragraph 2, “the second and third sub-paragraphs of Article 53(1)” were a reference to regulation 54(3) and (4) of these Regulations,
b
in paragraph 16, “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.
2
Where a contracting authority intends to award a subsequent service contract under regulation 33(6) (use of the negotiated procedure without prior publication), this must be indicated in the contest notice.
3
4
A contracting authority that has held a design contest must—
a
b
be able to prove the date F6on which the notice was submitted to the UK e-notification service.
5
The notice of the results of the contest must include the information set out in Part F of Annex V to the Directive F7, but as if—
a
paragraph 12 (financing by EU funds) were omitted,
b
in paragraph 13, “in the Official Journal of the European Union “ read “on the UK e-notification service (within the meaning of the Public Contracts (Scotland) Regulations 2015”, and
c
in paragraph 14, “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.
6
A contracting authority may withhold from publication information on the result of the contest where the release of the information—
a
would impede law enforcement or otherwise be contrary to the public interest;
b
would prejudice the commercial interests of any person; or
c
might prejudice fair competition between economic operators.