The Utilities Contracts (Amendment) Regulations 2001

Schedule 5 to the Utilities Regulations shall be replaced by—

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

“SCHEDULE 5 U.K. FORMS OF NOTICES FOR PUBLICATION IN THE OFFICIAL JOURNAL

PART A U.K. PERIODIC INDICATIVE NOTICE

I. To be completed in any case

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

2.    

(a) For supply contracts: for each type of goods or services the total quantity or value to be supplied under the contract(s);

(b) For works contracts: the nature and extent of the services to be provided, the general characteristics of the work or, where relevant, of any lots by reference to the work;

(c) For service contracts: the intended total quantity or value to be provided in each of the service categories listed in Part A of Schedule 4.

3.   Date of despatch of the notice.

4.   Any other relevant information.

II. Information to be supplied where the notice is used to call for competition or permits reduction of the deadlines for the receipt of candidatures or tenders.

5.   A reference to the fact that interested providers must advise the utility of their interest in the contract(s).

6.   Deadline for the receipt of applications for an invitation to tender.

III. Information to be supplied, so far as available, where the notice is used to call for competition or permits reduction of the deadlines for the receipt of candidatures or tenders.

7.   Nature and quantity of the goods to be supplied or general nature of the work or category of service within the meaning of Part A of Schedule 4 and description (CPC classification) M1 , stating if framework agreement(s) M2 are envisaged, including, where applicable, any options for further supplies, works or services, and, if known, an estimate of the timing when such options may be exercised. In the case of recurring contracts, also, if known, the estimated date(s) of the subsequent calls for competition.

8.   State whether tenders are requested for purchase, lease, rental or hire-purchase or any combination of these.

9.   Time limits for delivery or, completion or, in the case of a services contract, duration, and, as far as possible, for starting.

10.    

(a) Address to which interested providers should send their expressions of interest in writing.

(b) Final date for receipt of expressions of interest.

(c) Language(s) authorised for the presentation of candidatures or tenders.

11.   Standards of economic and financial standing and technical capacity, and financial and technical guarantees required of providers.

12.    

(a) Provisional date, if known, for commencing the procedures for awarding the contract(s).

(b) Type of award procedure (restricted or negotiated).

(c) The amount of and payment details for any sum to be paid to obtain documents concerning the consultation.

PART B U.K. OPEN PROCEDURES NOTICE

1.   The name, address, telegraphic address, telephone number, 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) M3 .

Category of service within the meaning of Schedule 4 and description (CPC classification).

Where applicable, state whether tenders are requested for purchase, lease, rental or hire-purchase or any combination of these.

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, including, where applicable, any options for further supplies and, if known, an estimate of the timing when such options may be exercised and in the case of recurring contracts, if known, the estimated date(s) of the subsequent calls for competition; or the nature and extent of the services to be provided and general nature of the work;

(b) Indication of whether 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 order of magnitude 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) Nature and quantity of the services to be supplied, including, where applicable, any options for further services and, if known, an estimate of the timing when such options may be exercised. In the case of recurring contracts, if known, the estimated date(s) of the subsequent calls for competition;

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

(c) Reference to the law, regulation or administrative provision;

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

(e) Indication whether service providers can tender for some or all 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 or completion or, in the case of a services contract, duration, and, as far as possible, for starting.

9.    

(a) Name and address from which the contract 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(s) 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, time and place of such opening.

12.   Any deposits and guarantees required.

13.   Main terms concerning financing and payment and/or references to the relevant provisions.

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

15.   Minimum standards of 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.   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 U.K. RESTRICTED PROCEDURES NOTICE

1.   The name, address, telegraphic address, telephone number, 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) M4 .

Category of service within the meaning of Schedule 4 and description (CPC classification).

Where applicable, state whether tenders are requested for purchase, lease, rental or hire-purchase or any combination of these.

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, including, where applicable, any options for further supplies and, if known, an estimate of the timing when such options may be exercised and in the case of recurring contracts, if known, the estimated date(s) of the subsequent calls for competition; or the nature and extent of the services to be provided and general nature of the work;

(b) Indication of whether 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 order of magnitude 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) Nature and quantity of the services to be supplied, including, where applicable, any options for further services and, if known, an estimate of the timing when such options may be exercised. In the case of recurring contracts, if known, the estimated date(s) of the subsequent calls for competition;

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

(c) Reference to the law, regulation or administrative provision;

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

(e) Indication whether service providers can tender for some or all 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 or completion or, in the case of a services contract, duration and, as far as possible, for starting.

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(s) 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 references 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 U.K. NEGOTIATED PROCEDURES NOTICE

1.   The name, address, telegraphic address, telephone number, 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) M5 .

Category of service within the meaning of Schedule 4 and description(CPC classification).    

Where applicable, state whether tenders are requested for purchase, lease, rental or hire-purchase or any combination of these.    

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, including, where applicable, any options for further supplies and, if known, an estimate of the timing when such options may be exercised and in the case of recurring contracts, if known, the estimated date(s) of the subsequent calls for competition; or the nature and extent of the services to be provided and general nature of the work;

(b) Indication of whether 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 order of 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) Nature and quantity of the services to be supplied, including, where applicable, any options for further services and, if known, an estimate of the timing when such options may be exercised. In the case of recurring contracts, if known, the estimated date(s) of the subsequent calls for competition;

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

(c) Reference to the law, regulation or administrative provision;

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

(e) Indication whether service providers can tender for some or all 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 or completion or, in the case of a services contract, duration, and, as far as possible, for starting.

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(s) in which they must be drawn up.

11.   Any deposits and guarantees required.

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

13.   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.

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

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

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

17.   Other information.

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

19.   Date of despatch of the notice.

PART E U.K. NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM

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

2.   Purpose of the qualification system (description of the goods, services or works or categories thereof to be procured through the system).

3.   Conditions to be fulfilled by providers to obtain qualification pursuant to the system and the methods according to which each of those conditions will be verified. Where the description of such conditions and verification methods is voluminous and based on documents available to interested providers, a summary of the main conditions and methods and a reference to those documents shall be sufficient.

4.   Period of validity of the qualification system and the formalities for its renewal.

5.   Reference to the fact that the notice acts as the call for competition.

6.   Address where further information and documentation concerning the qualification system can be obtained (if different from the address mentioned under 1).

7.   Any other relevant information.

PART F U.K. 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) M6 .

3.   At least a summary indication of the nature and quantity 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(l)(j).

9.   Name and address of provider(s).

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

11.   Price paid or the prices of the highest and lowest offers taken into account in the award of the contract.

12.   Optional information:

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

• — award criteria.

II. Information not intended for publication

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

14.   Value of each contract awarded.

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

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

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

18.   Was the contract awarded to a bidder who submitted a variant, in accordance with regulation 21(6) and (7)?

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

20.   Date of despatch of the notice.

21.   In the case of contracts for services listed in Part B of Schedule 4, whether or not the utility agrees to publication of the notice.

PART G U.K. 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 U.K. 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.”.

Marginal Citations

M1 CPC stands for Central Product Classification of the United Nations, published in the United Kingdom by The Stationery Office; ISBN 9211613981.

M2 In accordance with regulation 11.

M3 In accordance with regulation 11.

M4 In accordance with regulation 11.

M5 In accordance with regulation 11.

M6 In accordance with regulation 11.