The Public Procurement (Agreement on Government Procurement) (Thresholds) (Miscellaneous Amendments) (Scotland) Regulations 2023

Saving where public contract procurement procedures commenced before 1 January 2024

5.—(1) In this Regulation—

(a) “the Procurement Regulations” means the following and, in relation to any procedure, means whichever of the following applies to that procedure—

(i) the Public Contracts (Scotland) Regulations 2015,

(ii) the Utilities Contracts (Scotland) Regulations 2016,

(iii) the Concession Contracts (Scotland) Regulations 2016,

(b) the following have the same meaning as in the Procurement Regulations—

(i) concession contract,

(ii) contract,

(iii) contracting authority,

(iv) design contest

(v) dynamic purchasing system

(vi) economic operator,

(vii) framework agreement

(viii) public contract,

(ix) UK e-notification service,

(x) utility,

(c) “procedure” means all processes undertaken by the contracting authority in accordance with the Procurement Regulations, with the intention of awarding a contract, concession contract or public contract but does not include procedures taken for the purposes of modifying a contract, concession contract or public contract.

(2) Nothing in these Regulations affects any procedure or design contest that commenced under the Procurement Regulations before 1 January 2024.

(3) For that purpose, a procedure or design contest has been commenced before 1 January 2024 if, before that date—

(a) a notice has been submitted for publication on the UK e-notification service in accordance with the Procurement Regulations, in order to—

(i) invite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract, concession contract, public contract, framework agreement or dynamic purchasing system, or

(ii) advertise an intention to carry out a design contest,

(b) the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract, concession contract, public contract, framework agreement or dynamic purchasing system, or

(c) the contracting authority or utility has contacted any economic operator in order to—

(i) seek expressions of interest or offers in respect of a proposed contract, concession contract, public contract, framework agreement or dynamic purchasing system, or

(ii) respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed contract, concession contract, public contract, framework agreement or dynamic purchasing system.