PART 4TRANSITIONAL ARRANGEMENTS

Interpretation of Part 4

8.—(1) In this Part—

“Procurement Regulations” means the following and, in relation to any procedure, means whichever of the following applies to that procedure—

(2) In this Part, the following have the same meaning as in the applicable Procurement Regulations—

(a)contracting authority;

(b)design contest;

(c)dynamic purchasing system;

(d)economic operator;

(e)framework agreement;

(f)procurement;

(g)UK e-notification service;

(h)utility.

Transitional provisions

9.—(1) Nothing in these Regulations affects any procurement commenced before these Regulations come into force.

(2) For the purposes of paragraph (1), a procurement is commenced before these Regulations come into force if, before that date, in accordance with the applicable Procurement Regulations—

(a)a notice has been sent to the UK e-notification service in order to—

(i)invite offers or requests to be selected to tender for or to negotiate in respect of a proposed contract, framework agreement or dynamic purchasing system; or

(ii)publicise an intention to hold a design contest;

(b)the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in a proposed contract, framework agreement or dynamic purchasing system; or

(c)the contracting authority or utility has contacted any economic operator in order to—

(i)seek expressions of interest or offers in respect of a proposed contract, framework agreement or dynamic purchasing system; or

(ii)respond to an unsolicited expression of interest or offer received from that economic operator in relation to a proposed contract, framework agreement or dynamic purchasing system.

(3) For the purposes of this regulation, a procurement covers the whole of the procedures which, in accordance with the applicable Procurement Regulations, stem from that commencement.

(4) Procedures taken for the purpose of modifying a contract or framework agreement are not to be regarded, for the purposes of paragraph (3), as stemming from the commencement of the procurement from which the award of that contract or framework agreement had itself stemmed.

(5) A procedure commenced as described in paragraph (2)(a)(i), (b) or (c) is not to be regarded, for the purposes of paragraph (3), as stemming from the commencement of any design contest that had previously been held in relation to the subject-matter of the procurement.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to various United Kingdom and Scottish public procurement regulations for the purpose of implementing the Free Trade Agreement between Iceland, Liechtenstein and Norway and the United Kingdom (“EEA EFTA Agreement”). This includes consequential amendments.

The amendments made by these Regulations implement the EEA EFTA Agreement generally, as well as a provision contained in the Agreement with respect to abnormally low tenders. To ensure contracting authorities take a consistent approach, the abnormally low tenders amendment has been made applicable to all procurements and economic operators as a consequential amendment to the EEA EFTA Agreement implementation under section 4(1)(c) of the Trade Act 2021.

These Regulations also make provision for transitional arrangements, in exercise of the power conferred by section 4(1)(d) of the Trade Act 2021.