PART 1GENERAL

CHAPTER 3MATERIAL SCOPE

SECTION 2Excluded contracts and design contests; special provisions for procurement involving defence and security aspects

SUB-SECTION 3Special relations (cooperation, affiliated undertakings and joint ventures)

Exclusion: Contracts awarded to a joint venture or to a utility forming part of a joint ventureI129

1

Subject to paragraphs (2) and (3), these Regulations do not apply to procurement for the award of a contract—

a

by a joint venture, formed exclusively by a number of utilities for the purpose of carrying out activities within the meaning of regulations 8 to 14, to one of those utilities; or

b

by a utility to such a joint venture of which it forms part.

2

The joint venture must have been set up in order to carry out the activity concerned over a period of at least 3 years and the instrument setting up the joint venture must stipulate that the utilities which form it will be part of the joint venture for at least the same period.

3

This regulation applies despite the provisions of regulation 27 (exclusions: contracts between contracting authorities).