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Paragraph 3 Saving for procedures launched, but not finalised, before IP completion day

Original text. Later amendments are not shown.

(1)

Steady state amendments do not affect any procedure launched by a contracting authority or a utility under the Procurement Regulations if the procedure —

(a)

was launched before IP completion day, and

(b)

was not yet finalised by IP completion day.

(2)

But regulation 61 (recourse to e-Certis) of the Public Contracts Regulations 2015 (which is omitted by regulation 6(42) of these Regulations) ceases to be saved at the beginning of the day that is 9 months after the day on which IP completion day falls.

Meaning of ‘procedure’

(3)

In sub-paragraph (1), “procedure” includes—

(a)

a procedure using a dynamic purchasing system;

(b)

a procedure for which the call for competition takes the form of—

(i)

a prior information notice;

(ii)

a periodic indicative notice; or

(iii)

a notice on the existence of a qualification system.

Meaning of ‘launched’

(4)

For the purposes of sub-paragraph (1), a procedure is launched—

(a)

when a call for competition or any other invitation to submit applications has been made in accordance with the Procurement Regulations;

(b)

where the Procurement Regulations do not require such a call or invitation, when the contracting authority or utility contacted economic operators in relation to the specific procedure.

Meaning of ‘finalised’

(5)

For the purposes of sub-paragraph (1), a procedure is finalised—

(a)

upon publication of a contract award notice in accordance with the Procurement Regulations;

(b)

where the Procurement Regulations do not require the publication of such a notice, upon conclusion of the relevant contract;

(c)

where the contracting authority or utility decided not to award a contract, upon informing the tenderers, or persons otherwise entitled to submit applications, of the reasons why the contract was not awarded.