PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 3PARTICULAR PROCUREMENT REGIMES

SECTION 8Rules Governing Design Contests

Notices79

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 DirectiveF1, 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 F2submitted for publication in accordance with regulation 51.

3

Contracting authorities that have held a design contest shall F3submit for publication in accordance with regulation 51 a notice of the results of the contest, and must be able to prove the date F4on 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 DirectiveF5, 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.