The Procurement Regulations 2024

Tender notices: qualifying utilities dynamic market notices

22.—(1) This regulation sets out other information which must be included in a tender notice for the award of a public contract by reference to a utilities dynamic market established under a qualifying utilities dynamic market notice provided under section 40(2) or (3) of the PA 2023.

(2) The information is—

(a) the contracting authority information,

(b) the unique identifier for the dynamic market against which the public contract is being awarded,

(c) the contract subject-matter,

(d) where the public contract is for goods, services or works which the contracting authority expects will be needed after the expiry of the contract, an estimate, if possible, of the date when any subsequent tender notice will be provided,

(e) a description of any option which will be included in the public contract—

(i) to supply additional goods, services or works, or

(ii) to extend or renew the term of the contract,

(f) whether an electronic auction will be used,

(g) how requests to participate may be submitted and the date by when they must be submitted,

(h) how tenders may be submitted and the date by when they must be submitted,

(i) whether the contracting authority proposes to rely on one of the following minimum tendering periods mentioned in the table in section 54(4) of the PA 2023 and, if so, which one—

(i) entry 1 (contract being awarded is a light touch contract);

(ii) entry 2 (utilities contracts or contracts awarded by a contract authority which is not a central government authority subject to a negotiated tender period);

(iii) entry 3 (certain contracts awarded by a contracting authority which is not a central government authority where tenders may be submitted only by preselected suppliers);

(iv) entry 5 (state of urgency),

(j) a description of the kinds of goods, services or works which will be supplied, and

(k) the estimated amount of goods, services or works which will be supplied.

(3) Where a contracting authority has already published information mentioned in paragraph (2) in the qualifying utilities dynamic market notice to which the tender notice relates in accordance with regulation 25(2)(i)(ii), the contracting authority is not required to provide that information in the tender notice.

(4) In paragraph (2), “electronic auction” has the meaning given by regulation 18(3).

(5) Nothing in this regulation prevents a contracting authority from providing other information in the notice.