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Version Superseded: 11/06/2021
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The Public Contracts Regulations 2015, Section 90 is up to date with all changes known to be in force on or before 30 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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90.—(1) The duty owed in accordance with regulation 89 is a duty owed also to—
(a)an economic operator from a [F1country other than the United Kingdom], but only where [F2Condition 1, Condition 2 or Condition 3] applies to the procurement concernedF3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(2) Condition 1 is that—
(a)at the relevant time the economic operator is from a GPA state;
(b)the procurement may result in the award of a contract of any description; and
(c)immediately before IP completion day that GPA state had agreed with the EU that the GPA shall apply to a contract of that description.
(2A) Condition 2 is that—
(a)at the relevant time the economic operator is from a country which, immediately before IP completion day, was a member State other than the United Kingdom;
(b)the procurement may result in the award of a contract of any description; and
(c)immediately before IP completion day the EU had agreed with a GPA state that the GPA shall apply to a contract of that description.]
(3) [F5Condition 3 is that]—
(a)[F6immediately before IP completion day there was] an international agreement, other than the GPA, by which the EU [F7was bound]; and
(b)in accordance with that agreement, the economic operator is, in respect of the procurement concerned, to be accorded remedies no less favourable than those accorded to economic operators from the EU in respect of matters falling within the scope of the duty owed in accordance with regulation 89.
[F8(3A) Paragraph (3)(b) is to be applied as if the United Kingdom were a member State.]
(4) In this regulation—
“GPA state” means any country [F9which immediately before IP completion day was] a signatory to the GPA; and
“relevant time” means the date on which the contracting authority [F10submitted] a call for competition in respect of the contract to the [F11UK e-notification service] or would have done so if it had been required by Part 2 to do so.
Textual Amendments
F1Words in reg. 90(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(a)(i)(aa) (with Sch. paras. 3-5)
F2Words in reg. 90(1)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(a)(i)(bb) (with Sch. paras. 3-5)
F3Reg. 90(1)(b) and preceding word omitted (31.12.2020) by virtue of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(a)(ii) (with Sch. paras. 3-5)
F4Reg. 90(2)(2A) substituted for reg. 90(2) (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(b) (with Sch. paras. 3-5)
F5Words in reg. 90(3) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(c)(i) (with Sch. paras. 3-5)
F6Words in reg. 90(3)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(c)(ii)(aa) (with Sch. paras. 3-5)
F7Words in reg. 90(3)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(c)(ii)(bb) (with Sch. paras. 3-5)
F8Reg. 90(3A) inserted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(d) (with Sch. paras. 3-5)
F9Words in reg. 90(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(e)(i) (with Sch. paras. 3-5)
F10Word in reg. 90(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(e)(ii)(aa) (with Sch. paras. 3-5)
F11Words in reg. 90(4) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(58)(e)(ii)(bb) (with Sch. paras. 3-5)
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