PART 6REVOCATION, MODIFICATION, SAVINGS AND TRANSITIONAL PROVISIONS
Transitional provisions and savings where procurement procedure commenced before 18th April 2016122
1
Nothing in these Regulations affects any contract award procedure or design contest commenced before 18th April 2016.
2
For that purpose, a contract award procedure or design contest has been commenced before 18th April 2016 if, before that date—
a
the utility has sent a notice to the Official Journal in accordance with the 2006 Regulations in order to invite tenders or requests to be selected to tender for or to negotiate in respect of a proposed contract, framework agreement or dynamic purchasing system;
b
the utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract, framework or dynamic purchasing system;
c
the utility has contacted any economic operator in order to—
i
seek expressions of interest or offers in respect of a proposed contract, framework agreement or dynamic purchasing system; or
ii
respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed contract, framework agreement or dynamic purchasing system; or
d
the utility has sent a notice to the Official Journal in accordance with the 2006 Regulations in order to publicise its intention to hold a design contest.
3
Nothing in these Regulations affects the award of a specific contract based on a framework agreement where the framework agreement was concluded—
a
before 18th April 2016; or
b
on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by these Regulations.
4
Nothing in these Regulations affects the award of a specific contract under a dynamic purchasing system where the system was established—
a
before 18th April 2016; or
b
on or after that date following a contract award procedure which, by virtue of paragraph (1), was not affected by these Regulations.
5
Paragraphs (6) to (9) apply in the case of a contract awarded—
a
before 18th April 2016; or
b
after that date but where the award itself was not, by virtue of paragraphs (1) to (4), affected by these Regulations.
6
Except in the case of a contract referred to in paragraph (7) to the extent referred to in paragraph (8), nothing in these Regulations affects a contract to which paragraph (5) applies.
7
This paragraph refers to a contract which was awarded under the 2006 Regulations.
8
A contract referred to in paragraph (7) is subject to regulations 88 and 89(3) and Chapter 2 of Part 5 (so far as that Chapter applies to regulations 88 and 89(3)).
9
For the purposes of paragraph (8), any reference in regulations 88 or 89(3) or Chapter 2 of Part 5 to a contract includes a contract to which paragraph (7) applies.
10
In this regulation, “dynamic purchasing system”, “framework agreement”, “contract”, “notice”, “design contest” and “utility” have the same meanings as in the 2006 Regulations.