Regulation 8 Core supplier information: platform not working, urgency, private utilitiesI1
England and Wales
Where, in respect of core supplier information shared during an open procedure or a competitive flexible procedure, a contracting authority cannot obtain confirmation from the supplier of the matters in regulation 6(5) before the end of the tendering period due to the reason in paragraph (2), paragraph (3) applies.
The reason is that the supplier could not reasonably register on, submit information to, or use a facility for sharing information through, the central digital platform because that platform was not working properly during any period before the end of the tendering period.
The contracting authority must obtain confirmation from the supplier of the matters in regulation 6(5) as soon as practicable and in any event before the award of the contract.
Regulation 6 applies in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the 2023 Act (urgency), but reading regulation 6 as if—
the reference in paragraph (4) to the contracting authority obtaining confirmation before the award of the public contract were a reference to the authority obtaining confirmation as soon as practicable and in any event before the date when the contract details notice is published, and
paragraphs (6) to (8) were omitted.
Regulation 6 does not apply to a private utility in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the 2023 Act (urgency).