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PART 4E+W+N.I.INFORMATION AND DOCUMENTATION

Information and documentation requirementsE+W+N.I.

Keeping of information

99.—(1) Utilities shall keep appropriate information on each contract or framework agreement covered by these Regulations and each time a dynamic purchasing system is established.

(2) The information referred to in paragraph (1) shall be sufficient to permit utilities at a later date to justify decisions taken in connection with—

(a)the qualification and selection of economic operators and the award of contracts;

(b)the use of negotiated procedures without a call for competition in accordance with regulation 50;

(c)the derogations provided for in Chapters 2 and 3 of Part 1 to these Regulations relating to Chapters 2 to 4 of Part 2 to these Regulations;

(d)where necessary, the reasons why means of communication other than electronic means have been used for the submission of tenders.

(3) To the extent that the contract award notice drawn up in accordance with regulation [F133(b),] 70 or 91(3) contains the information required in this paragraph, utilities may refer to that notice.

Documentation of progress and decisions

(4) Utilities shall document the progress of all procurement procedures, whether or not the procedures are conducted by electronic means.

(5) To that end, utilities shall ensure that they keep sufficient documentation to justify decisions taken in all stages of the procurement procedure, such as documentation on—

(a)communications with economic operators;

(b)internal deliberations;

(c)preparation of the procurement documents;

(d)dialogue or negotiation, if any;

(e)selection and award of the contract.

(6) The documentation shall be kept for at least 3 years from the date of award of the contract.

Communication of information and documentation

[F2(7) A utility shall communicate the report, or its main elements—

(a)to the Minister for the Cabinet Office if the Minister so requests;

(b)where the utility is a devolved Welsh authority, to the Welsh Ministers if they so request (whether or not the Minister for the Cabinet Office also makes a request under sub-paragraph (a));

(c)where the utility is a devolved Northern Ireland authority, to a Northern Ireland department if that department so requests (whether or not the Minister for the Cabinet Office also makes a request under sub-paragraph (a)).]

F3(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4...

F4(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments