Regulation 42 Choice of proceduresI1
Scotland
When undertaking a procurement a utility must apply procedures that conform to these Regulations.
A utility must apply one of the following procedures—
an open procedure;
a restricted procedure;
a negotiated procedure with a prior call for competition;
a competitive dialogue;
an innovation partnership;
a negotiated procedure without a prior call for competition.
The procedures referred to in paragraph (2)(a) to (e) must include publication of a call for competition.
The procedure referred to in paragraph (2)(f) does not require publication of a call for competition but it must only be used in one of the cases set out in regulation 48 (use of the negotiated procedure without prior call for competition).
A call for competition may be made by means of—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a notice on the existence of a qualification system in accordance with regulation 66 (notices on the existence of a qualification system) but only where the contract is to be awarded following a restricted or negotiated procedure, competitive dialogue or innovation partnership; or
a contract notice in accordance with regulation 67 (contract notices).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in these Regulations prevents a utility which has commenced a procurement from terminating that procurement at any time.
Annotations
Textual amendments
- F1
Reg. 42(5)(a) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(6)(a) (with reg. 3)
- F2
Reg. 42(6) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(6)(b) (with reg. 3)