The Utilities Contracts Regulations 1996

Regulations 14(1), 15(2)(b), 18(12), 23(1) and 31

SCHEDULE 5 FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A PERIODIC INDICATIVE NOTICE

A.  For supply contracts

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility and of the service from which additional information may be obtained.

2.  For each type of goods or services the total quantity or value to be supplied under the contract(s).

3.—(a) Estimated date of the commencement of the procedures leading to the award of the contract(s) (if known).

(b) Type of award procedure to be used.

4.  Other information (for example, indicate if a call for competition will be published later).

5.  Date of despatch of the notice.

B.  For works contracts

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility.

2.—(a) The site.

(b) The nature and extent of the services to be provided, the main characteristics of the work or where relevant of any lots by reference to the work.

(c) An estimate of the cost of the service to be provided.

3.—(a) Type of award procedure to be used.

(b) Estimated date for initiating the award procedures in respect of the contract or contracts.

(c) Estimated date for the start of the work.

(d) Estimated time-table for completion of the work.

4.  Terms of financing of the work and of price revision.

5.  Other information (for example, indicate if a call for competition will be published later).

6.  Date of despatch of the notice.

C.  For services contracts

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility and of the service from which additional information may be obtained.

2.  Intended total procurement in each of the service categories listed in Part A of Schedule 5.

3.—(a) Estimated date of the commencement of the procedures of the award of the contract(s) (if known).

(b) Type of award procedure to be used.

4.  Other information (for example, indicate if a call for competition will be published later).

5.  Date of dispatch of the notice.

PART B OPEN PROCEDURES NOTICE

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply, works or services; where applicable, state if it is a framework agreement(1)).

Category of services within the meaning of Schedule 5 and description (CPC classification).

3.  Place of delivery, site or place of performance of services.

4.  For supplies and works—

(a) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(b) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and possibility of tendering for one, for several or for all of the lots.

(c) For works contracts; information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

5.  For services—

(a) Indication whether the execution of the services is by law, regulation, or administrative provision reserved to a particular profession.

(b) Reference of the law, regulation or administrative provision.

(c) Indication whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the services.

(d) Indication whether services providers can tender for a part of the services concerned.

6.  Authorisation to submit variants.

7.  Derogation from the use of European specifications, in accordance with regulation 12(4).

8.  Time limits for delivery, completion or, in the case of a services contract, duration.

9.—(a) Name and address from which the contracts documents and additional documents may be requested.

(b) Where applicable, the amount and terms of payment of the sum to be paid to obtain such documents.

10.—(a) The final date for receipt of tenders.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

11.—(a) Where applicable, the persons authorised to be present at the opening of tenders.

(b) The date, hour and place of such opening.

12.  Any deposits and guarantees required.

13.  Main terms concerning financing and payment and/or reference to the provisions in which these are contained.

14.  Where applicable, the legal form to be taken by a grouping of providers to whom the contract is awarded.

15.  Minimum standards of the economic and financial standing and technical capacity required of the provider to whom the contract is awarded.

16.  Period during which the tenderer is bound to keep open his tender.

17.  The criteria for the award of the contract. Criteria other than that of the lowest price shall be mentioned where they do not appear in the contract documents.

18.  Other information.

19.  Where applicable, the date of publication in the Official Journal of the periodic indicative notice which refers to the contract.

20.  Date of despatch of the notice.

PART C RESTRICTED PROCEDURES NOTICE

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply, works or services; where applicable, state if it is a framework agreement(2)).

Category of services specified in Schedule 5 and description (CPC classification).

3.  Place of delivery, site or place of performance of services.

4.  For supplies and works—

(a) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(b) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and the possibility of tendering for one, for several or for all of the lots.

(c) For works contracts; information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

5.  For services—

(a) Indication whether the execution of the services is by law, regulation, or administrative provision reserved to a particular profession.

(b) Reference of the law, regulation or administrative provision.

(c) Indication whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the services.

(d) Indication whether services providers can tender for a part of the services concerned.

6.  Authorisation to submit variants.

7.  Derogation from the use of European specifications, in accordance with regulation 12(4).

8.  Time limits for delivery, completion or, in the case of a services contract, duration.

9.  Where applicable, the legal form to be taken by a grouping of providers to whom the contract is awarded.

10.—(a) The final date for receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

11.  The final date for despatch of invitations to tender.

12.  Any deposits and guarantees required.

13.  Main terms concerning financing and payment and/or reference to the provisions in which these are contained.

14.  Information concerning the provider’s personal position and minimum standards of economic and financial standing and technical capacity required of the provider to whom the contract is awarded.

15.  The criteria for the award of the contract where they are not mentioned in the invitation to tender.

16.  Other information.

17.  Where applicable, the date of publication in the Official Journal of the periodic indicative notice which refers to the contract.

18.  Date of despatch of the notice.

PART D NEGOTIATED PROCEDURES NOTICE

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility.

2.  Nature of the contract (supply, works or services; where applicable, state if it is a framework agreement(3)).

Category of services specified in Schedule 5 and description (CPC reference).

3.  Place of delivery, site or place of performance of services.

4.  For supplies and works—

(a) Nature and quantity of the goods to be supplied; or the nature and extent of the services to be provided and general nature of the work.

(b) Indication of whether the suppliers can tender for some and/or all of the goods required. If, for works contracts, the work or the contract is subdivided into several lots, the size of the different lots and possibility of tendering for one, for several or for all of the lots.

(c) For works contracts; information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects.

5.  For services—

(a) Indication whether the execution of the services is by law, regulation, or administrative provision reserved to a particular profession;

(b) Reference of the law, regulation or administrative provision;

(c) Indication whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the services;

(d) Indication whether services providers can tender for a part of the services concerned.

6.  Derogation from the use of European specifications, in accordance with regulation 12(4).

7.  Time limits for delivery, completion or duration of services contract.

8.  Where applicable, the legal form to be taken by a grouping of providers to whom the contract is awarded.

9.—(a) The final date for receipt of requests to participate.

(b) The address to which they must be sent.

(c) The language or languages in which they must be drawn up.

10.  Any deposits and guarantees required.

11.  Main terms concerning financing and payment and/or references to the provisions in which these are contained.

12.  Information concerning the provider’s personal position and minimum standards of economic and financial standing and technical capacity required of the provider to whom the contract is awarded.

13.  Where applicable, the names and addresses of providers already selected by the utility.

14.  Where applicable, date(s) of previous publications in the Official Journal.

15.  Other information.

16.  Where applicable, the date of publication in the Official Journal of the periodic indicative notice which refers to the contract.

17.  Date of despatch of the notice.

PART E NOTICE OF THE EXISTENCE OF A QUALIFICATION SYSTEM

1.  The name, address, telegraphic address, telephone, telex and facsimile numbers of the utility.

2.  Purpose of the qualification system.

3.  Address where the rules concerning the qualification system can be obtained (if different from the address mentioned under 1).

4.  Where applicable, duration of the qualification system.

PART F CONTRACT AWARD NOTICE

I.  Information for publication in the Official Journal

1.  Name and address of the utility.

2.  Nature of the contract (supply, works or services; where applicable, state if it is a framework agreement(4)).

3.  At least a summary indication of the nature of the goods, works or services provided.

4.—(a) Form of the call for competition (notice on the existence of a qualification procedure; periodic indicative notice; contract notice).

(b) Date of publication of the notice in the Official Journal.

(c) In the case of contracts awarded without a prior call for competition, indication of whether it was regulation 5(2) or 16(1) which was relied upon and in the case of the latter, which was the relevant sub-paragraph.

5.  Award procedure (open, restricted or negotiated).

6.  Number of tenders received.

7.  Date of award of the contract.

8.  Price paid for bargain purchases under regulation 16(1)(j).

9.  Name and address of successful provider(s).

10.  State, where applicable, whether the contract has been, or may be, sub-contracted.

11.  Optional information

• value and share of the contract which may be sub-contracted to third parties

• award criteria

• price paid (or range of prices).

II.  Information not intended for publication

12.  Number of contracts awarded (where an award has been split between more than one provider).

13.  Value of each contract awarded.

14.  Country of origin of the product or services (EEC origin or non-EEC origin; if the latter, broken down by third country).

15.  Was recourse made to the exceptions to the use of European specifications provided for under regulation 12(4)? If so, which?

16.  Which award criteria was used (most economically advantageous; lowest price)?

17.  Was the contract awarded to a bidder who submitted a variant, in accordance with regulation 21(4)?

18.  Were any tenders excluded on the grounds that they were abnormally low, in accordance with regulation 21(6) and (7)?

19.  Date of despatch of the notice.

20.  In the case of contracts for services specified in Part B of Schedule 5, whether or not the utility agrees to publication of the notice.

PART G DESIGN CONTEST NOTICE

1.  Name, address, telegraphic address, telephone, telex and facsimile numbers of the utility and of the service from which additional information may be obtained.

2.  Project description.

3.  Nature of contest: open or restricted.

4.  In the case of open contests: final date for receipt of plans and designs.

5.  In the case of restricted contests—

(a) the number of participants envisaged;

(b) where applicable, names of the participants already selected;

(c) criteria for the selection of participants;

(d) final date for receipt of requests to participate.

6.  Where applicable, an indication of whether participation is reserved to a particular profession.

7.  Criteria to be applied in the evaluation of projects.

8.  Where applicable, names of the persons selected to be members of the jury.

9.  Indication of whether the decision of the jury is binding on the utility.

10.  Where applicable, number and value of the prizes.

11.  Where applicable, details of payments to all participants.

12.  Indication of whether follow-up contracts will be awarded to one of the winners.

13.  Other information.

14.  Date of despatch of the notice.

PART H DESIGN CONTEST RESULT NOTICE

1.  Name, address and telegraphic address, telephone, telex and facsimile numbers of the utility.

2.  Project description.

3.  Number of participants.

4.  Number of participants established outside the United Kingdom.

5.  Winner(s) of the contest.

6.  Where applicable, the prize(s) awarded.

7.  Other information.

8.  Reference to publication of the design contest notice in the Official Journal.

9.  Date of despatch of the notice.

(1)

In accordance with regulation 11.

(2)

In accordance with regulation 11.

(3)

In accordance with regulation 11.

(4)

In accordance with regulation 11.