# The Local Government (Direct Service Organisations) (Competition) Regulations 1993, Regulation 5: Evaluation of bid and tenders


For the purposes of the conditions mentioned in section 9(2)(b) and section 9(2)(d) of the 1992 Act, the following conduct is to be regarded as conduct which has the effect of restricting, preventing or distorting competition or is likely to have that effect, namely—
(a) conduct in the course of any evaluation made for the purpose of deciding who should undertake or carry out the work, which consists of, or involves—
(i) calculating the amount of any prospective cost after the opening of the bid and the contractors' tenders for the work;
(ii) giving to the direct service organisation an opportunity to explain or provide further information about the bid, without giving an equivalent opportunity to each of the contractors;
(iii) taking into account the matters mentioned in regulation 6 in a manner, or to an extent, other than as prescribed in these Regulations;
(iv) taking into account any costs, other than prospective costs, which the local authority would, or could, incur as a consequence of a decision to accept one of the contractors' tenders for the work;
(b) announcing who is to undertake or carry out the work later than 90 days after the expiry of the period within which contractors are allowed to respond to the invitation to tender for the work;
(c) doing anything which results, or is likely to result, in the contravention of regulation 3.

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Source: https://www.legislation.gov.uk/uksi/1993/848/regulation/5 (the official version)
Page: https://openlegislation.uk/local-government-direct-service-organisations-competition-regulations-1993/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.