90A.—(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.]
Textual Amendments
F1Reg. 90A inserted (11.6.2021) by The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 2(6)