89.—(1) A utility intending to award a contract or framework for the services referred to in regulation 88 (award of contracts for social and other specific services) must make known its intention by means of—
(a)a contract notice;
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a notice on the existence of a qualification system, which must be published continuously.
(2) Paragraph (1) shall not apply where a negotiated procedure without prior call for competition could have been used in accordance with regulation 48 (use of the negotiated procedure without prior call for competition) for the award of the contract or framework.
(3) A utility that has awarded a contract or framework for the services referred to in regulation 88 (award of contracts for social and other specific services) must make known the results of the procurement by means of a contract award notice.
(4) A utility may, however, group notices referred to in paragraph (3) on a quarterly basis, in which case it must [F2submit] the grouped notices within 30 days of the end of each quarter.
(5) The notices referred to in paragraphs (1), (3) and (4) must contain the information referred to in the relevant part of Annex XVIII to the Utilities Contracts Directive [F3, but as if, in paragraph 4 of part D, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Utilities Contracts (Scotland) Regulations 2016)].
(6) A utility must [F4submit] the notices referred to in paragraphs (1), (3) and (4) for publication in accordance with regulation 69 ([F5publication on the UK e-notification service]).
Textual Amendments
F1Reg. 89(1)(b) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(22) (with reg. 3)
F2Word in reg. 89(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(a) (with sch. paras. 1-5)
F3Words in reg. 89(5) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(b) (with sch. paras. 1-5)
F4Word in reg. 89(6) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(c)(i) (with sch. paras. 1-5)
F5Words in reg. 89(6) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(c)(ii) (with sch. paras. 1-5)
Commencement Information