PART 3REMEDIES

CHAPTER 6APPLICATIONS TO THE COURT

F1Duty owed to economic operators from GPA parties90A

1

The duty owed in accordance with regulation 89 is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.

2

For the purposes of paragraph (1), the GPA applies to a procurement if—

a

the procurement may result in the award of a contract of any description; and

b

at the relevant time—

i

a GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; and

ii

the economic operator is from that GPA party.

3

In this regulation, “relevant time” means the date on which the contracting authority submitted a call for competition in respect of the contract to the UK e-notification service or would have done so if it has been required by Part 2 to do so.