78.—(1) This Section applies to—
(a)design contests organised as part of a procedure leading to the award of a public service contract;
(b)design contests with prizes or payments to participants.
(2) In the cases referred to in paragraph (1)(a), the threshold mentioned in regulation 5 shall be calculated on the basis of the estimated value [F1inclusive] of VAT of the public service contract, including any possible prizes or payments to participants.
(3) In the cases referred to in paragraph (1)(b), the threshold mentioned in regulation 5 shall be calculated on the basis of the total amount of the prizes and payments, including the estimated value [F2inclusive] of VAT of the public services contract which might subsequently be concluded following a negotiated procedure without prior publication in accordance with regulation 32(7) and (8) if the contracting authority has announced its intention to award such a contract in the contest notice.
Textual Amendments
F1Word in reg. 78(2) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(d)(i) (with reg. 7)
F2Word in reg. 78(3) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(d)(ii) (with reg. 7)
79.—(1) Contracting authorities that intend to carry out a design contest shall make known their intention by means of a contest notice.
(2) Contest notices shall—
(a)include the information set out in part E of Annex V to the Public Contracts Directive[F3, 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)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]; and
(b)be [F4submitted] for publication in accordance with regulation 51.
(3) Contracting authorities that have held a design contest shall [F5submit] for publication in accordance with regulation 51 a notice of the results of the contest, and must be able to prove the date [F6on which the notice was submitted to the UK e-notification service].
(4) A notice of the results of the contest shall include the information set out in part F of Annex V to the Public Contracts 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 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].
(5) But where the release of information on the outcome of the contest—
(a)would impede law enforcement or would otherwise be contrary to the public interest,
(b)would prejudice the legitimate commercial interests of a particular enterprise, whether public or private, or
(c)might prejudice fair competition between service providers,
such information may be withheld from publication.
Textual Amendments
F3Words in reg. 79(2)(a) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(52)(a)(i) (with Sch. paras. 3-5)
F4Word in reg. 79(2)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(52)(a)(ii) (with Sch. paras. 3-5)
F5Word in reg. 79(3) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(52)(b)(i) (with Sch. paras. 3-5)
F6Words in reg. 79(3) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(52)(b)(ii) (with Sch. paras. 3-5)
F7Words in reg. 79(4) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(52)(c) (with Sch. paras. 3-5)
80.—(1) When organising design contests, contracting authorities shall apply procedures which are adapted to the provisions of Chapter 1 and this Section.
F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where design contests are restricted to a limited number of participants, the contracting authorities shall lay down clear and non-discriminatory selection criteria.
(4) In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.
Textual Amendments
F8Reg. 80(2) omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(53) (with Sch. paras. 3-5)
81.—(1) The jury shall be composed exclusively of natural persons who are independent of participants in the contest.
(2) Where a particular professional qualification is required from participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification.
82.—(1) The jury shall be autonomous in its decisions and opinions.
(2) The jury shall examine the plans and projects submitted by the candidates anonymously and solely on the basis of the criteria indicated in the contest notice.
(3) The jury shall record its ranking of projects in a report, signed by its members, made according to the merits of each project, together with its remarks and any points that may need clarification.
(4) Anonymity shall be observed until the jury has reached its opinion or decision.
(5) Candidates may be invited, if need be, to answer questions that the jury has recorded in the minutes to clarify any aspect of the projects.
(6) Complete minutes shall be drawn up of the dialogue between jury members and candidates.