Paragraph 11 Saving in relation to procurements commenced before regulations 7, 9 and 11 come into force

For the purposes of this Part, a procurement has been commenced before the second commencement date if, before that date—

(a)

a notice has been sent to the UK e-notification service in accordance with applicable Procurement Regulations in order to—

(i)

invite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract, framework agreement or dynamic purchasing system; or

(ii)

publicise an intention to hold a design contest;

(b)

the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract, framework agreement or dynamic purchasing system; or

(c)

the contracting authority or 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.