The Public Contracts Regulations 2015

SUB-SECTION 6U.K.Publication and transparency
Prior information noticesU.K.

48.—(1) Contracting authorities may make known their intentions of planned procurements through the publication of a prior information notice.

(2) Such notices shall contain the information set out in section I of part B of Annex V to the Public Contracts Directive[F1, but as if—

(a)in paragraph 2, “the second and third subparagraph of Article 53(1)” were a reference to regulation 53(3) and (4) of these Regulations; and

(b)in paragraph 9, “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].

(3) A contracting authority wishing to publish a prior information notice shall—

(a)[F2submit] it for publication in accordance with regulation 51; or

(b)publish it on the contracting authority's buyer profile in accordance with regulation 52.

[F3(4) Where the prior information notice is published by the contracting authority on its buyer profile, the contracting authority shall [F4submit] for publication, in accordance with regulation 51, a notice containing the information set out in Part A of Annex V to the Public Contracts Directive][F5, but as if, in paragraph 6, “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].

F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The period covered by the prior information notice shall be a maximum of 12 months from the date on which the notice is transmitted for publication.

F8(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Contract noticesU.K.

[F949.  Contract notices—

(a)shall contain the information set out in part C of Annex 5 to the Public Contracts Directive, but as if—

(i)in paragraph 2, “the second and third subparagraphs of Article 53(1)” were a reference to regulation 53(3) and (4) of these Regulations;

(ii)paragraph 24 (financing by EU funds) were omitted;

(iii)in paragraph 26, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Public Contracts Regulations 2015)”; and

(iv)in paragraph 28, “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; and

(b)shall be submitted for publication in accordance with regulation 51.]

Textual Amendments

Contract award noticesU.K.

50.—(1) Not later than 30 days after the award of a contract or the conclusion of a framework agreement, following the decision to award or conclude it, contracting authorities shall [F10submit] for publication a contract award notice on the results of the procurement procedure.

[F11(2) Such notices—

(a)shall contain the information set out in part D of Annex 5 to the Public Contracts Directive, but as if—

(i)in paragraph 9, “Article 67” were a reference to regulation 67 of these Regulations;

(ii)in paragraph 11(b), the words “Member State or from a third” were omitted;

[F12(iia)in paragraph 13, the words “or the highest tender and lowest tender taken into consideration” were omitted;]

(iii)paragraph 15 (financing by EU funds) were omitted;

(iv)in paragraph 17, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Public Contracts Regulations 2015)”; and

(v)in paragraph 18, “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; and

(b)shall be submitted for publication in accordance with regulation 51.]

F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the case of framework agreements, contracting authorities shall not be bound to [F14submit] a notice of the results of the procurement procedure for each contract based on such an agreement.

(5) In the case of dynamic purchasing systems, contracting authorities shall either—

(a)[F15submit] a contract award notice within 30 days after the award of each contract based on a dynamic purchasing system, or

(b)group such notices on a quarterly basis, in which case they shall [F16submit] the grouped notices within 30 days of the end of each quarter.

(6) Certain information on the award of the contract or the conclusion of the framework agreement may be withheld from publication where its release—

(a)would impede law enforcement or would otherwise be contrary to the public interest,

(b)would prejudice the legitimate commercial interests of a particular economic operator, whether public or private, or

(c)might prejudice fair competition between economic operators.

Textual Amendments

[F17Publication on the UK e-notification service]U.K.

51.—[F18(1) The notices required by regulations [F1934,] 48, 49, 50, 72, 75 and 79 to be [F20submitted] for publication in accordance with this regulation (and any corrigenda to those notices) [F21shall be submitted to the UK e-notification service for publication.]

F22(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Contracting authorities shall ensure that they are able to supply proof of the dates on which notices are [F23submitted to the UK e-notification service] for publication.

(3) Where the [F24provider of the UK e-notification service] has given the contracting authority confirmation of F25... the publication of the information [F26submitted], indicating the date of that publication, that confirmation shall constitute proof of publication.

(4) Contracting authorities may [F27submit] notices in respect of public contracts to the [F28UK e-notification service] for publication even where they are not required by this Part to do soF29....

[F30(5) In these Regulations, “the UK e-notification service” means a single web-based portal which is provided, for purposes which include the purposes of this Part, by or on behalf of the Cabinet Office.

(6) The Minister for the Cabinet Office must make arrangements under which—

(a)notices that are submitted to the UK e-notification service for publication are published in an area of the portal that is freely accessible to the public; and

(b)confirmations are issued for the purposes of paragraph (3).

(7) For the purposes of these Regulations, a notice of any description is submitted to the UK e-notification service if the information comprising the notice is entered in the portal in such form or manner as the portal may elicit it and in compliance with any specific instructions that are given within the portal about how the information, or any particular element of it, is to be entered.]

Textual Amendments

Publication [F31otherwise than on the UK e-notification service]U.K.
Publication on buyer profiles

52.—(1) In addition to the publication of the notices refered to in regulations [F3234,] 48, 49, 50, 75 and 79 [F33on the UK e-notification service], contracting authorities may publish the information contained in them on the internet on a buyer profile.

(2) A buyer profile may also include (in addition to the prior information notices referred to in regulation 48(3)(b))—

(a)information on ongoing invitations to tender, scheduled purchases, contracts concluded, procedures cancelled; and

(b)any useful general information, such as a contact point, a telephone and a fax number, a postal address and an e-mail address.

Timing and content of publication at national level

(3) The notices referred to in regulations [F3434,] 48, 49, 50F35... and 79, and the information contained in them, shall not be published [F36otherwise than on the UK e-notification service before they are published on that service].

(4) But publication may in any event take place [F37otherwise than on the UK e-notification service] where contracting authorities have not been notified of the publication [F38on that service within 48 hours after the notice was submitted to that service].

(5) Notices published [F39otherwise than on the UK e-notification service] shall not contain information other than that contained in the notices [F40submitted to that service] or published on a buyer profile, but shall indicate the date of [F41submission of the notice to that service] or its publication on the buyer profile.

(6) Where a prior information notice is to be published on a buyer profile for the purposes of regulation 48(3)(b)—

(a)the prior information notice may not be so published before the notice referred to in regulation 48(4)(b) is [F42submitted to the UK e-notification service]; and

(b)the prior information notice shall indicate the date of that [F43submission].

Textual Amendments

Electronic availability of procurement documentsU.K.

53.—(1) Contracting authorities shall, by means of the internet, offer unrestricted and full direct access free of charge to the procurement documents from the date of the publication [F44on the UK e-notification service of a notice submitted] in accordance with regulation 51 F45....

(2) The text of the notice F46... shall specify the internet address at which the procurement documents are accessible.

(3) Where unrestricted and full direct access free of charge to certain procurement documents cannot be offered by means of the internet for one of the reasons set out in regulation 22(3), contracting authorities may indicate in the notice F47... that the procurement documents concerned will be transmitted by means other than the internet in accordance with paragraphs (6) and (7).

(4) Where unrestricted and full direct access free of charge to certain procurement documents cannot be offered by means of the internet because contracting authorities intend to apply regulation 21(3), contracting authorities shall indicate in the notice F48... which measures aimed at protecting the confidential nature of the information they require and how access can be obtained to the documents concerned.

(5) In the cases referred to in paragraphs (3) and (4), the time limit for the submission of tenders shall be prolonged by 5 days, except in the cases of duly substantiated urgency referred to in regulations 27(5), 28(10) and 29(10).

(6) Provided that it has been requested in good time, contracting authorities shall supply to all tenderers taking part in the procurement procedure additional information relating to the specifications and any supporting documents not later than 6 days before the time limit fixed for the receipt of tenders.

(7) In the case of an accelerated procedure, the period mentioned in paragraph (6) shall be 4 days.

Textual Amendments

Invitations to candidatesU.K.

54.—(1) In restricted procedures, competitive dialogue procedures, innovation partnerships and competitive procedures with negotiation, contracting authorities shall simultaneously and in writing invite the selected candidates to submit their tenders or, in the case of a competitive dialogue, to take part in the dialogue.

F49(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The invitations required by [F50paragraph (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 53(3) or (4) and have not already been made otherwise available.

(4) The invitations required by paragraph (1) shall also contain at least the following information:—

(a)a reference to the call for competition published;

(b)the deadline for the receipt of the tenders, the address to which the tenders must be sent and the language or languages in which the tenders must be drawn up;

(c)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;

(d)a reference to any documents to be submitted, either in support of verifiable declarations by the tenderer in accordance with regulations 59 and 60 and, where appropriate, 62 or to supplement the information referred to in those regulations, and under the conditions laid down in regulations 59, 60 and 62;

(e)the relative weighting of criteria for the award of the contract or, where appropriate, the descending order of importance for such criteria, where they are not given in the contract notice, F51... in the technical specifications or the descriptive document.

(5) But in the case of contracts awarded through a competitive dialogue or an innovation partnership, the information referred to in paragraph (4)(b) shall not appear in the invitation to participate in the dialogue or to negotiate but it shall appear in the invitation to submit a tender.

F52(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Informing candidates and tenderersU.K.

55.—(1) Contracting authorities shall as soon as possible inform each candidate and tenderer of decisions reached concerning the conclusion of a framework agreement, the award of a contract or admittance to a dynamic purchasing system, including the grounds for any decision—

(a)not to conclude a framework agreement,

(b)not to award a contract for which there has been a call for competition,

(c)to recommence the procedure, or

(d)not to implement a dynamic purchasing system.

(2) On request from the candidate or tenderer concerned, the contracting authority shall as quickly as possible, and in any event within 15 days from receipt of a written request, inform—

(a)any unsuccessful candidate of the reasons for the rejection of its request to participate;

(b)any unsuccessful tenderer of the reasons for the rejection of its tender, including, for the cases referred to in regulation 42(14) and (15), the reasons for its decision of non-equivalence or its decision that the works, supplies or services do not meet the performance or functional requirements;

(c)any tenderer that has made an admissible tender of the characteristics and relative advantages of the tender selected as well as the name of the successful tenderer or the parties to the framework agreement;

(d)any tenderer that has made an admissible tender of the conduct and progress of negotiations and dialogue with tenderers.

(3) Contracting authorities may decide to withhold certain information referred to in paragraphs (1) and (2) where the release of such information—

(a)would impede law enforcement or would otherwise be contrary to the public interest;

(b)would prejudice the legitimate commercial interests of a particular economic operator, whether public or private; or

(c)might prejudice fair competition between economic operators.