Regulation 33 Transitional provision

(1)

These Regulations do not apply to—

(a)

any contract award procedure where the procurement process commenced, but where the award was not made, before 24 February 2025;

(b)

the conclusion of any framework agreement where the procurement process commenced, but where the framework agreement was not concluded, before 24 February 2025;

(c)

the use of a dynamic purchasing, or similar, system which is not a framework agreement (whether or not the system is operated under regulation 34 of the 2015 Regulations^f1) where the period of validity has not expired, and the system has not otherwise been terminated.

(2)

These Regulations apply to the modification of a contract for relevant health services between a relevant authority and a provider made on or after 24 February 2025 whether or not the contract was awarded under these Regulations or before 24 February 2025.

(3)

These Regulations apply to the modification of any framework agreement for relevant health services between one or more relevant authorities and one or more providers whether or not the framework agreement was concluded under these Regulations or before 24 February 2025.

(4)

These Regulations apply to any contract award procedure commenced on or after 24 February 2025 for the award of a contract based on a framework agreement for relevant health services between one or more relevant authorities and one or more providers whether or not the framework agreement was concluded under these Regulations or before 24 February 2025.

(5)

The provisions of paragraphs (6) to (8) apply for the purposes of paragraph (1).

(6)

A contract award procedure has been commenced before 24 February 2025 if, before that date—

(a)

a contract notice under regulation 49 of the 2015 Regulations^f2 has been submitted for publication in accordance with regulation 51(1) of the 2015 Regulations^f3;

(b)

the relevant authority has contacted any provider to—

(i)

seek expressions of interest or offers in respect of a proposed contracting arrangement, or

(ii)

respond to an unsolicited expression of interest or offer received from that provider about a proposed contracting arrangement.

(7)

The procurement process for a proposed contract based on a framework agreement or other technique or instrument for electronic or aggregated procurement concluded under the 2015 Regulations before 24 February 2025, has been commenced before 24 February 2025 if, before that date, any step has been taken with a view to making an award.

(8)

The procurement process for a framework agreement has been commenced before 24 February 2025 if, before that date—

(a)

the relevant authority has published any form of advertisement seeking offers or expressions of interest in a proposed framework agreement, or

(b)

the relevant authority has contacted any provider to—

(i)

seek expressions of interest or offers in respect of a proposed framework agreement, or

(ii)

respond to an unsolicited expression of interest or offer received from that provider about a proposed framework agreement.

(9)

In this regulation—

(a)

“dynamic purchasing system” includes a dynamic purchasing system within the meaning of regulation 34 of the 2015 Regulations;

(b)

“framework agreement” includes—

(i)

a framework agreement within the meaning of regulation 33(2) of the 2015 Regulations;

(ii)

a framework agreement to which a relevant authority is a party but which was not concluded under these Regulations;

(c)

“the 2015 Regulations” means the Public Contract Regulations 2015^f4.

Annotations

Footnotes

f1: There are amendments to regulation 34 which are not relevant to these Regulations.
f2: Regulation 49 was amended by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319) (“the 2020 Regulations”), regulations 1(2), 6(32) (with Schedule, paragraphs. 3-5).
f3: Regulation 51(1) was amended by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), regulation 1(1), Schedule 2, paragraph 12 (with regulation 5), and the 2020 Regulation, regulation 1(2), 6(34)(b) (with Schedule, paragraphs 3-5).
f4: S.I. 2015/102.