Regulation 89 Publication of noticesI1
Scotland
A utility intending to award a contract or framework for the services referred to in regulation 88 (award of contracts for social and other specific services) must make known its intention by means of—
a contract notice;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a notice on the existence of a qualification system, which must be published continuously.
Paragraph (1) shall not apply where a negotiated procedure without prior call for competition could have been used in accordance with regulation 48 (use of the negotiated procedure without prior call for competition) for the award of the contract or framework.
A utility that has awarded a contract or framework for the services referred to in regulation 88 (award of contracts for social and other specific services) must make known the results of the procurement by means of a contract award notice.
A utility may, however, group notices referred to in paragraph (3) on a quarterly basis, in which case it must F2submit the grouped notices within 30 days of the end of each quarter.
The notices referred to in paragraphs (1), (3) and (4) must contain the information referred to in the relevant part of Annex XVIII to the Utilities Contracts Directive F3, but as if, in paragraph 4 of part D, “in the Official Journal of the European Union” read “on the UK e-notification service (within the meaning of the Utilities Contracts (Scotland) Regulations 2016).
Annotations
Textual amendments
- F1
Reg. 89(1)(b) omitted (30.5.2023) by virtue of The Public Procurement (Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/124), regs. 2, 5(22) (with reg. 3)
- F2
Word in reg. 89(4) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(a) (with sch. paras. 1-5)
- F3
Words in reg. 89(5) inserted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(b) (with sch. paras. 1-5)
- F4
Word in reg. 89(6) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(c)(i) (with sch. paras. 1-5)
- F5
Words in reg. 89(6) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 6(51)(c)(ii) (with sch. paras. 1-5)