Paragraph 3 Saving for procedures launched, but not finalised, before IP completion day
Steady state amendments do not affect any procedure launched by a contracting authority or a utility under the Procurement Regulations if the procedure —
was launched before IP completion day, and
was not yet finalised by IP completion day.
But regulation 62 (recourse to e-Certis) of the Public Contracts (Scotland) Regulations 2015 (which is omitted by regulation 4(43)(b)(ii) 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’
In sub-paragraph (1), “procedure” includes—
a procedure using a dynamic purchasing system,
a procedure for which the call for competition takes the form of—
a prior information notice,
a periodic indicative notice, or
a notice on the existence of a qualification system.
Meaning of ‘launched’
For the purposes of sub-paragraph (1), a procedure is launched—
when a call for competition or any other invitation to submit applications has been made in accordance with the Procurement Regulations,
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’
For the purposes of sub-paragraph (1), a procedure is finalised—
upon publication of a contract award notice in accordance with the Procurement Regulations,
where the Procurement Regulations do not require the publication of such a notice, upon conclusion of the relevant contract,
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.