PART 2SRULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE

CHAPTER 3SPARTICULAR PROCUREMENT REGIMES

SECTION 8SRules Governing Design Contests

NoticesS

78.—(1) A contracting authority that intends to carry out a design contest must make known its intention by means of a contest notice which includes the information set out in Part E of Annex V to the Directive [F1, but as if—

(a)in paragraph 2, “the second and third sub-paragraphs of Article 53(1)” were a reference to regulation 54(3) and (4) of these Regulations,

(b)in paragraph 16, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].

(2) Where a contracting authority intends to award a subsequent service contract under regulation 33(6) (use of the negotiated procedure without prior publication), this must be indicated in the contest notice.

(3) The contracting authority must [F2submit] the contest notice for publication in accordance with regulation 52 ([F3publication on the UK e-notification service]).

(4) A contracting authority that has held a design contest must—

(a)[F4submit] a notice of the results of the contest for publication in accordance with regulation 52 ([F5publication on the UK e-notification service]); and

(b)be able to prove the date [F6on which the notice was submitted to the UK e-notification service].

(5) The notice of the results of the contest must include the information set out in Part F of Annex V to the Directive [F7, but as if—

(a)paragraph 12 (financing by EU funds) were omitted,

(b)in paragraph 13, “in the Official Journal of the European Union “ read “on the UK e-notification service (within the meaning of the Public Contracts (Scotland) Regulations 2015”, and

(c)in paragraph 14, “date of dispatch” were a reference to the date on which the notice is submitted to the UK e-notification service for the purposes of these Regulations].

(6) A contracting authority may withhold from publication information on the result of the contest where the release of the information—

(a)would impede law enforcement or otherwise be contrary to the public interest;

(b)would prejudice the commercial interests of any person; or

(c)might prejudice fair competition between economic operators.

Textual Amendments