Regulation 6 Tender requirements and procedure

The incumbent undertaker must put a specified infrastructure project (including the financing of such a project) out to tender.

Subject to paragraphs (3) and (4), where in relation to the specified infrastructure project—

the provisions of the Procurement Act 2023 mentioned in the first column of the table in Part 1 of Schedule 2 (application of the Procurement Act 2023) apply in relation to that project.

Those provisions of the F2Procurement Act 2023 apply—

Where the Procurement Regulations 2024 apply by virtue of the application of the Procurement Act 2023 in accordance with Schedule 2, references to a “public contract” are to be read as if they were references to a “contract”.

Paragraphs (2) F7, (3) and (3A) do not apply to—

The incumbent undertaker must consult the following concerning the terms on which the specified infrastructure project is to be put out to tender—

The incumbent undertaker must determine which bid to accept (if any).

Section 112 of the Act M1 (requirement that proposed drain or sewer be constructed so as to form part of the general system) does not apply to any sewer or drain to be constructed by a licensed infrastructure provider.

In relation to any licensed infrastructure provider, unless the Authority otherwise allows by notice, paragraphs (2) F8, (3) and (3A) and Schedule 2 apply as if—