3.—(1) Steady state amendments do not affect any procedure launched by a contracting authority or a utility under the Procurement Regulations if the procedure —
(a)was launched before IP completion day, and
(b)was not yet finalised by IP completion day.
(2) But regulation 61 (recourse to e-Certis) of the Public Contracts Regulations 2015 (which is omitted by regulation 6(42) of these Regulations) ceases to be saved at the beginning of the day that is 9 months after the day on which IP completion day falls.
(3) In sub-paragraph (1), “procedure” includes—
(a)a procedure using a dynamic purchasing system;
(b)a procedure for which the call for competition takes the form of—
(i)a prior information notice;
(ii)a periodic indicative notice; or
(iii)a notice on the existence of a qualification system.
(4) For the purposes of sub-paragraph (1), a procedure is launched—
(a)when a call for competition or any other invitation to submit applications has been made in accordance with the Procurement Regulations;
(b)where the Procurement Regulations do not require such a call or invitation, when the contracting authority or utility contacted economic operators in relation to the specific procedure.
(5) For the purposes of sub-paragraph (1), a procedure is finalised—
(a)upon publication of a contract award notice in accordance with the Procurement Regulations;
(b)where the Procurement Regulations do not require the publication of such a notice, upon conclusion of the relevant contract;
(c)where the contracting authority or utility decided not to award a contract, upon informing the tenderers, or persons otherwise entitled to submit applications, of the reasons why the contract was not awarded.
Commencement Information
I1Sch. para. 3 in force at 31.12.2020 on IP completion day, see reg. 1(2)