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The Utilities Contracts (Amendment) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 3100
- Regulation 7
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Amendment of the principal Regulations
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7. After regulation 29, insert—
“Notification
29A.—(1) Where a utility decides, prior to the stage at which it makes a decision to which regulation 33(1) (award decision) applies, to exclude an applicant, the utility shall notify the applicant of that exclusion.
(2) In this regulation, “applicant” means an economic operator which submitted an offer or applied to be included amongst the economic operators to be selected to tender for or to negotiate the contract.
(3) For the purposes of this regulation, an applicant is excluded if the applicant—
(a)is not invited to tender for, or to negotiate, the contract; or
(b)having been so invited, is excluded from consideration prior to the stage mentioned in paragraph (1).
(4) This regulation does not apply in relation to a procedure for the award of a contract—
(a)under a dynamic purchasing system; or
(b)which is permitted by these Regulations to be awarded without a call for competition.”.
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