Section 96 Electronic communicationsI1I2C1
United Kingdom
In carrying out a covered procurement, a contracting authority must so far as practicable—
communicate with suppliers electronically, and
take steps to ensure that suppliers participating in the procurement communicate electronically.
In carrying out a covered procurement, a contracting authority may only use, or require the use of, electronic communication systems that are—
free of charge and readily accessible to suppliers,
generally available, or interoperable with other generally available systems, and
accessible to people with disabilities.
Subsection (2)(a) does not apply in relation to an electronic communications system used, or required to be used—
after the award of the public contract, or
in relation to a utilities dynamic market.
This section does not apply if the contracting authority is satisfied that electronic communication, or the use of an electronic communication system meeting the requirements of subsection (2), poses a particular security risk in the circumstances.
In this section, “electronic communication system” includes any electronic system used for the purpose of communication with suppliers.
Annotations
Modifications
- C1
S. 96 applied (with modifications) (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))
Commencement
- I1
S. 96 not in force at Royal Assent, see s. 127(2)
- I2
S. 96 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))