The Utilities Contracts Regulations 2016 (revoked)

S.I. 2016/274 · Made 11 March 2016 · Extends to England, Wales and Northern Ireland

Contents

1. Part 1: GENERAL Repealed
2. Chapter 1: CITATION, COMMENCEMENT, EXTENT, DEFINITIONS AND SUBJECT-MATTER Repealed
3. 1Citation, commencement and extent Repealed
4. 2Definitions Repealed
5. 3Subject-matter and scope Repealed
6. 4Contracting authorities Repealed
7. 5Utilities Repealed
8. 6Mixed procurement covering the same activity Repealed
9. 7Procurement covering several activities Repealed
10. Chapter 2: ACTIVITIES Repealed
11. 8Common Provisions Repealed
12. 9Gas and heat Repealed
13. 10Electricity Repealed
14. 11Water Repealed
15. 12Transport services Repealed
16. 13Ports and airports Repealed
17. 14Postal services Repealed
18. 15Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels Repealed
19. Chapter 3: MATERIAL SCOPE Repealed
20. Thresholds Repealed
21. 16Threshold amounts Repealed
22. 16AReview and amendment of certain thresholds Repealed
23. 17Methods for calculating the estimated value of the procurement Repealed
24. Excluded contracts and design contests; special provisions for procurement involving defence and security aspects Repealed
25. Exclusions applicable to all utilities and special exclusions for the water and energy sectors
26. 18Contracts awarded for the purpose of resale or lease to third parties Repealed
27. 19Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity outside the United Kingdom Repealed
28. 20Contracts awarded and design contests organised pursuant to international rules Repealed
29. 21Specific exclusions for service contracts Repealed
30. 22Service contracts awarded on the basis of an exclusive right Repealed
31. 23Contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy Repealed
32. Procurement involving defence and security aspects
33. 24Defence and security Repealed
34. 25Mixed procurement covering the same activity and involving defence or security aspects Repealed
35. 26Procurement covering several activities and involving defence or security aspects Repealed
36. 27Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules Repealed
37. Special relations (cooperation, affiliated undertakings and joint ventures)
38. 28Contracts between contracting authorities Repealed
39. 29Contracts awarded to an affiliated undertaking Repealed
40. 30Contracts awarded to a joint venture or to a utility forming part of a joint venture Repealed
41. 31Notification of information Repealed
42. Specific situations
43. 32Research and development services Repealed
44. 33Contracts subject to special arrangements Repealed
45. Activities directly exposed to competition and related procedural provisions
46. 34Activities directly exposed to competition Repealed
47. 35Procedure for establishing whether regulation 34(2)(b) is applicable Repealed
48. Chapter 4: General Principles Repealed
49. 36Principles of procurement Repealed
50. 37Economic operators Repealed
51. 38Reserved contracts Repealed
52. 39Confidentiality Repealed
53. 40Rules applicable to communication Repealed
54. 40APowers to amend regulation 40 Repealed
55. 41Nomenclatures Repealed
56. 42Conflicts of interest Repealed
57. Part 2: RULES APPLICABLE TO CONTRACTS Repealed
58. Chapter 1: Procedures Repealed
59. 43Conditions relating to international agreements by which the EU is bound, other than the GPA Repealed
60. 43AConditions relating to the GPA Repealed
61. 43BConditions relating to international agreements by which the United Kingdom is bound, other than the GPA Repealed
62. 44Choice of Procedures Repealed
63. 45Open Procedure Repealed
64. 46Restricted Procedure Repealed
65. 47Negotiated Procedure with prior call for competition Repealed
66. 48Competitive dialogue Repealed
67. 49Innovation partnership Repealed
68. 50Use of the negotiated procedure without prior call for competition Repealed
69. Chapter 2: Techniques and instruments for electronic and aggregated procurement Repealed
70. 51Framework agreements Repealed
71. 52Dynamic purchasing systems Repealed
72. 53Electronic auctions Repealed
73. 54Electronic catalogues Repealed
74. 55Centralised purchasing activities and central purchasing bodies Repealed
75. 56Occasional joint procurement Repealed
76. 57Procurement involving utilities from other member States Repealed
77. Chapter 3: Conduct of the procedure Repealed
78. Preparation Repealed
79. 58Preliminary market consultations Repealed
80. 59Prior involvement of candidates or tenderers Repealed
81. 60Technical specifications Repealed
82. 61Labels Repealed
83. 62Test reports, certification and other means of proof Repealed
84. 63Communication of technical specifications Repealed
85. 64Variants Repealed
86. 65Division of contracts into lots Repealed
87. 66Setting time limits Repealed
88. Publication and transparency Repealed
89. 67Periodic indicative notices Repealed
90. 68Notices on the existence of a qualification system Repealed
91. 69Contract notices Repealed
92. 70Contract award notices Repealed
93. 71Publication on the UK e-notification service Repealed
94. 72Publication otherwise than on the UK e-notification service Repealed
95. 73Electronic availability of procurement documents Repealed
96. 74Invitations to candidates Repealed
97. 75Informing applicants for qualification, candidates and tenderers Repealed
98. Choice of participants and award of contracts Repealed
99. 76General principles Repealed
100. Qualification and qualitative selection
101. 77Qualification systems Repealed
102. 78Criteria for qualitative selection Repealed
103. 79Reliance on the capacities of other entities Repealed
104. 80Use of exclusion grounds and selection criteria provided for under the Public Contracts Regulations Repealed
105. 81Quality assurance standards and environmental management standards Repealed
106. Award of the Contract
107. 82Contract award criteria Repealed
108. 83Life-cycle costing Repealed
109. 84Abnormally low tenders Repealed
110. Tenders comprising products originating in third countries and relations with those countries Repealed
111. 85Tenders comprising products originating in third countries Repealed
112. Chapter 4: Contract performance Repealed
113. 86Conditions for performance of contracts Repealed
114. 87Subcontracting Repealed
115. 88Modification of contracts during their term Repealed
116. 89Termination of contracts Repealed
117. Part 3: PARTICULAR PROCUREMENT REGIMES Repealed
118. Chapter 1: Social and other specific services Repealed
119. 90Award of contracts for social and other specific services Repealed
120. 91Publication of notices Repealed
121. 92Principles of awarding contracts Repealed
122. 93Reserved contracts for certain services Repealed
123. Chapter 2: Rules governing design contests Repealed
124. 94Scope of Chapter 2 Repealed
125. 95Notices Repealed
126. 96Rules on the organisation of design contests and the selection of participants and the jury Repealed
127. 97Decisions of the jury Repealed
128. Part 4: INFORMATION AND DOCUMENTATION Repealed
129. 98Retention of contract copies Repealed
130. 99Information and documentation requirements Repealed
131. Part 5: REMEDIES Repealed
132. Chapter 1: FACILITATION OF REMEDIES Repealed
133. 100Scope of Chapter 1 Repealed
134. 101Notices of decisions to award a contract or conclude a framework agreement Repealed
135. 102Standstill period Repealed
136. Chapter 2: APPLICATIONS TO THE COURT Repealed
137. 103Interpretation of Chapter 2 Repealed
138. 104Duty owed to economic operators from the United Kingdom and Gibraltar Repealed
139. 105Duty owed to economic operators from countries with whom the EU has an international agreement, other than the GPA Repealed
140. 105ADuty owed to economic operators from GPA parties Repealed
141. 105BDuty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA Repealed
142. 106Enforcement of duties through the Court Repealed
143. 107General time limits for starting proceedings Repealed
144. 108Special time limits for seeking a declaration of ineffectiveness Repealed
145. 109Starting proceedings Repealed
146. 110Contract-making suspended by challenge to award decision Repealed
147. 111Interim orders Repealed
148. 112Remedies where the contract has not been entered into Repealed
149. 113Remedies where the contract has been entered into Repealed
150. 114Grounds for ineffectiveness Repealed
151. 115General interest grounds for not making a declaration of ineffectiveness Repealed
152. 116The consequences of ineffectiveness Repealed
153. 117Penalties in addition to, or instead of, ineffectiveness Repealed
154. 118Ineffectiveness etc. in relation to specific contracts based on a framework agreement Repealed
155. 119Injunctions against the Crown Repealed
156. Part 5A: AMENDING THESE REGULATIONS Repealed
157. 119AGeneral provisions about regulations under these Regulations Repealed
158. Part A6: PROCESSING OF INVOICES SUBMITTED ELECTRONICALLY Repealed
159. A120Contractual provisions relating to the processing of electronic invoices Repealed
160. Part 6: REVOCATION, MODIFICATION, SAVINGS AND TRANSITIONAL PROVISIONS Repealed
161. 120Interpretation of Part 6 Repealed
162. 121Revocations Repealed
163. 122Transitional provisions and savings where procurement procedure commenced before 18th April 2016 Repealed
164. 123Time limits and the 2006 Regulations: modification of the existing saving of the original provisions Repealed
165. 124Transitory provision prior to commencement of regulation 40(1) to (7) Repealed
166. Part 7: REVIEW Repealed
167. 125Review of these Regulations Repealed
168. Signature
169. Schedule A1PARTIES TO THE GPA Repealed
170. Schedule 1: ACTIVITIES CONSTITUTING WORKS Repealed
171. Paragraph Repealed
172. Schedule 2SOCIAL AND OTHER SPECIFIC SERVICES Repealed
173. Schedule 3INTERNATIONAL TRADE AGREEMENTS Repealed
174. Explanatory note