Regulation 87A Duty owed to economic operators from GPA partiesF1

(1)

The duty owed in accordance with regulation 87(1) (duty owed to economic operators, including those from countries with whom the EU has a relevant international agreement other than the GPA) is a duty owed also to an economic operator from a GPA party, but only where the agreement applies to the procurement concerned.

(2)

For the purposes of paragraph (1), the GPA applies to a procurement if—

(a)

the procurement may result in the award of a contract of any description; and

(b)

at the relevant time—

(i)

a GPA party has agreed with the United Kingdom that the GPA shall apply to a contract of that description; and

(ii)

the economic operator is from that GPA party.

(3)

In this regulation, “relevant time” means the date on which the contracting authority submitted a call for competition in respect of the contract to the UK e-notification service or would have done so had it been required by these Regulations to do so.

Annotations

Textual amendments

F1: Reg. 87A inserted (11.6.2021) by The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021 (S.I. 2021/573), regs. 1(1), 5(6)

Notes on Chapter 6

Modifications

C1: Pt. 3 Ch. 6 modified by SSI 2010/390 reg. 6 (as amended) (18.4.2016) by The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), reg. 1(2), sch. 6 para. 5(3) (with regs. 3-18, 99-101)