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The Utilities Contracts (Scotland) Regulations 2016
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Communication of technical specifications
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61.—(1) On request from an economic operator interested in obtaining a contract, a utility must make available—
(a)the technical specifications regularly referred to in their works, supplies or services contracts; or
(b)the technical specifications which they intend to apply to contracts for which the call for competition is a periodic indicative notice.
(2) Subject to paragraph (3), the technical specifications referred to in paragraph (1) must be made available by electronic means of communication through unrestricted and full direct access free of charge.
(3) Technical specifications must be transmitted by means other than electronic means where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered—
(a)for one of the reasons set out in regulations 38(3) or (5) (rules applicable to communication); or
(b)because the utility intends to apply regulation 37(3) (confidentiality).
(4) Where the technical specifications are based on documents available by electronic means through unrestricted and full direct access free of charge to interested economic operators, the inclusion of a reference to those documents must be sufficient.
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