Regulation 9 Transitional provisions relating to repeat services or works previously supplied under a contract awarded under the 2016 UC RegulationsI1

United Kingdom

(1)

This regulation applies for the purposes of determining whether a contracting authority may award a public contract directly under section 41 of the Act (direct award in special cases) in a case where—

(a)

the public contract concerns the supply of services or works by the existing supplier that are similar to existing services or works, and

(b)

the existing services or works were supplied under a public contract of framework agreement that was awarded in accordance with the 2016 UC Regulations.

(2)

The direct award justification in paragraph 8 of Schedule 5 to the Act (direct award justifications) has effect as if—

(a)

in the words before paragraph (a), “goods,”, in each place it occurs, were omitted,

(b)

in paragraph (a)—

(i)

“goods,” were omitted;

(ii)

for “a competitive tendering procedure” there were substituted “regulation 44(1) and (2) of the Utilities Contracts Regulations 2016”,

(c)

for paragraph (b) there were substituted—

“(b)

there was a disclosure as soon as that earlier contract was put up for tender that met the requirements of regulation 50(4)(b) of the Utilities Contracts Regulations 2016.”, and

(d)

in paragraph 9 of that Schedule—

(i)

for “paragraphs 7 and” there were substituted “paragraph”, and

(ii)

“goods,”, in each place it occurs in the first definition, and where it occurs in the second definition, were omitted.

(3)

In paragraph (1)—

“existing services or works” means services or works already supplied, or contracted to be supplied, to the utility;
“existing supplier” means the supplier that has already supplied, or contracted to supply, the existing services or works.

Annotations

Commencement

I1: Reg. 9 in force at made date