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[F1, 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 Directive[F5, 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
F1Words 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)
F2Word 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)
F3Word 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)
F4Words 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)
F5Words 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)