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The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013
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[F1PART 1E+W
Textual Amendments
F1Sch. 2 substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 2 para. 50 (with reg. 5)
| Provision applied | Modification |
|---|---|
| regulation 2 (definitions) and Schedule 1 (activities constituting works), regulation 4 (contracting authorities), regulation 36 (principles of procurement), regulation 37 (economic operators) | These provisions apply only to the extent that they are relevant to the provisions referred to in this Schedule. |
| regulation 39 (confidentiality) | In paragraph (2)(a), for “such as the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in regulations 70 and 75 respectively”, there were substituted “such as the obligations relating to the information to candidates and tenderers set out in regulation 75”. |
| regulation 40 (rules applicable to communication) | Paragraph (15)(a)(ii) does not apply. |
| regulation 41 (nomenclatures) | |
| regulation 42 (conflicts of interest) | The incumbent undertaker is bound by paragraph (1) as if it were a contracting authority. |
| regulation 44 (choice of procedures) | Paragraphs (4)(a) and (5) do not apply. |
| regulation 45 (open procedure) | Paragraph (4) does not apply. |
| regulation 46 (restricted procedure) | Paragraph (2)(b) does not apply. |
| regulation 47 (negotiated procedure with prior call for competition) | Paragraph (2)(b) does not apply. |
| regulation 48 (competitive dialogue) | Paragraph (2)(b) does not apply. |
| regulation 49 (innovation partnership) | |
| regulation 50 (use of the negotiated procedure without prior call for competition) | Only paragraphs (1)(a) and (2) apply. |
| regulation 51 (framework agreements) | |
| regulation 54 (electronic catalogues) | Paragraphs (11) to (13) do not apply. |
| regulation 55 (centralised purchasing activities and central purchasing bodies) | Paragraph (11) applies as if the words from “Procurement”, where it first appears, to the end of that paragraph were substituted by “For the purposes of this regulation, “dynamic purchasing system” has the same meaning as the system referred to in regulation 52 of the Utilities Contracts Regulations 2016.”. |
| regulation 56 (occasional joint procurement) | |
| regulation 58 (preliminary market consultations) | |
| regulation 59 (prior involvement of candidates or tenderers) | |
| regulation 60 (technical specifications) | |
| regulation 61 (labels) | |
| regulation 62 (test reports, certification and other means of proof) | |
| regulation 63 (communication of technical specifications) | Paragraph (1)(b) does not apply. |
| regulation 64 (variants) | |
| regulation 65 (division of contracts into lots) | |
| regulation 66 (setting time limits) | |
| regulation 68 (notices on the existence of a qualification system) | |
| regulation 69 (contract notices) | |
| regulation 71(form and manner of sending notices for publication at EU level) | Paragraph (1) applies as if “regulations 67 to 70” were substituted by “regulations 68, 69”. |
| regulation 72 (publication at national level) | Paragraph (1) and (3) apply as if “regulations 67 to 70” were substituted by “regulations 68, 69”. Paragraph (2) applies as if the words “(in addition to the periodic indicative notices referred to in regulation 67(3)(b))” were omitted. Paragraph (6) does not apply. |
| regulation 73 (electronic availability of procurement documents) | |
| regulation 74 (invitations to candidates) | Paragraphs (2) and (6) do not apply. |
| regulation 75 (informing applicants for qualification, candidates and tenderers) | Paragraph (1) applies as if “framework agreement, the award of a contract, or admittance to a dynamic purchasing system” were substituted by “framework agreement or the award of a contract”. Paragraph (1)(d) does not apply. |
| regulation 76 (general principles) | |
| regulation 77 (qualification systems) | |
| regulation 78 (criteria for qualitative selection) | |
| regulation 79 (reliance on the capacity of other entities) | |
| regulation 80 (use of exclusion grounds and selection criteria provided for under the Public Contracts Regulations) | The incumbent undertaker is bound by paragraph (2) as if it were a contracting authority. |
| regulation 81 (quality assurance standards and environmental management standards) | |
| regulation 82 (contract award criteria) | |
| regulation 83 (life-cycle costing) | |
| regulation 84 (abnormally low tenders) | Paragraph (7) applies as if the reference to “the Commission” were a reference to “the Secretary of State and the Water Services Regulation Authority”. |
| regulation 86 (conditions for performance of contracts) | |
| regulation 87 (subcontracting) | The incumbent undertaker is bound by paragraphs (5), (8), (9), (10) and (11) as if it were a contracting authority. |
| regulation 88 (modifications of contracts during their term) | |
| regulation 89 (termination of contracts) | |
| regulation 98 (retention of contract copies) | The incumbent undertaker is bound by this regulation as if it were a contracting authority. |
| regulation 99 (information and documentation requirements) | Paragraph (1) applies as if the words “and each time a dynamic purchasing system is established” were omitted. Paragraph (7) applies as if the reference to [F2“the Minister for the Cabinet Office” in sub-paragraph (a)] were a reference to “the Secretary of State or the Water Services Regulation Authority” and [F3as if the subsequent reference to “the Minister” in sub-paragraph (a)] were a reference to “the Secretary of State or the Water Services Authority (as the case may be)”. Paragraphs (2)(c), [F4(3) and (7)(b) and (c)] do not apply. |
| regulation 100 (scope of Chapter 1) | |
| regulation 101 (notices of decisions to award a contract or conclude a framework agreement) | Paragraph (5)(a) does not apply. Paragraph (5)(c) applies as if “or a dynamic purchasing system” were omitted. Paragraph (8) applies as if the words after “expired” in sub-paragraph (b) were omitted. |
| regulation 102 (standstill period) | |
| Chapter 2 of Part 5 (applications to the Court)] |
Textual Amendments
F2Words in Sch. 2 Pt. 1 substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 16(2)(a) (with Sch. para. 3, 4)
F3Words in Sch. 2 Pt. 1 substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 16(2)(b) (with Sch. para. 3, 4)
F4Words in Sch. 2 Pt. 1 substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 16(2)(c) (with Sch. para. 3, 4)
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