PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 2RULES ON PUBLIC CONTRACTS

SECTION 5Conduct of the Procedure

SUB-SECTION 6Publication and transparency

Contract award notices50

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 F1submit for publication a contract award notice on the results of the procurement procedure.

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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;

F7iia

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.

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4

In the case of framework agreements, contracting authorities shall not be bound to F2submit 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

F3submit 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 F4submit 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.