PART 2U.K.RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 2U.K.RULES ON PUBLIC CONTRACTS

SECTION 5U.K.Conduct of the Procedure

SUB-SECTION 6U.K.Publication and transparency
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 [F1submit] for publication a contract award notice on the results of the procurement procedure.

[F2(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;

[F3(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.]

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the case of framework agreements, contracting authorities shall not be bound to [F5submit] 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)[F6submit] 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 [F7submit] 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