Transitional provisions and savings where procurement procedure commenced before 18th April 2016E+W+N.I.
122.—(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.