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The Public Contracts and Utilities Contracts (Postal Services and Common Procurement Vocabulary Codes) Amendment (Scotland) Regulations 2008

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4.—(1) Nothing in these Regulations affects any contract award procedure or design contest commenced in accordance with the Public Contracts Regulations before 12th December 2008.

(2) For that purpose, a procedure or contest has been commenced before 12th December 2008 if, before that date–

(a)a contract notice has been sent to the Official Journal in accordance with the Public Contracts Regulations in order to invite offers or requests to be selected to tender for or to negotiate in respect of a proposed public contract;

(b)in any case where there is no requirement to send a contract notice to the Official Journal in accordance with the Public Contracts Regulations, the contracting authority has despatched any form of advertisement seeking offers or expressions of interest in a proposed public contract;

(c)where there is no such advertising, the contracting authority has contacted any economic operator in order to seek expressions of interest or offers in respect of a proposed public contract; or

(d)the contracting authority has sent a notice to the Official Journal in accordance with the Public Contracts Regulations in order to hold a design contest.

(3) Where a framework agreement has been concluded under the Public Contracts Regulations before 12th December 2008, nothing in these Regulations affects the award of any specific contract under that framework agreement.

(4) Expressions used in this regulation have the meanings given in the Public Contracts Regulations.

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