PART 2

RULES APPLICABLE TO CONTRACTS
CHAPTER 1

PROCEDURES

Negotiated procedure with prior call for competition
45
1
In a negotiated procedure with a prior call for competition, a utility must permit any economic operator to submit a request to participate in response to a call for competition within the time period set by the utility in accordance with this regulation.
2
A request by an economic operator referred to in paragraph (1) must be accompanied by the information for qualitative selection that is requested by the utility.
3
The minimum time period for receipt of requests to participate, other than in exceptional circumstances, shall be 30 days from the date on which—
a
the contract notice was submitted for publication; ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and shall, in any event, not be less than 15 days from such date.
4
Only those economic operators invited to do so by the utility following its assessment of the information provided may participate in the negotiations.
5
A utility may limit the number of suitable candidates to be invited to participate in the procedure in accordance with regulation 76(2) (criteria for qualitative selection).
6
The minimum time limit for the receipt of tenders may be set by agreement between the utility and the economic operators invited to tender, provided that all such economic operators have the same time to prepare and submit their tenders.
7
If there is no agreement made further to paragraph (6), the minimum time period for the receipt of tenders shall be 10 days from the date on which the invitation to tender is sent.
Reg. 45 in force at 18.4.2016, see reg. 1(2)
Word in reg. 45(3)(a) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(30) (with sch. paras. 1-5)
Reg. 45(3)(b) and word omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(9) (with reg. 3)