Public Procurement

Public Contracts Regulations 2015 - Regulation 75

Pedro Telles

24 Jun 2015 — 1 min read

Regulation 75 - Publication of notices

Regulation 75 defines the rules regarding the publication of notices for contracts awarded under the "light touch regime" introduced by Regulation 74.* These rule cover both ex ante and ex post transparency and all notices have to comply with the rules of Regulation 51 (ie, be sent in electronic format to the EU Publications Office)

Paragraph 1 provide contracting authorities with two different ex ante publication options. First, they can advertise via a contract notice with all the information contained in Annex H Part 5 of the Directive 2014/24/EU. Second, they can put out a prior information notice which contains the specific types of services to be procured and containing the information from Part I of Annex V of the Directive 2014/24/EU. Furthermore, such PIN notice is to be published "continuously" (???) and it needs to indicate that no further publication will be done afterwards and that interested parties are invited to express their interest in writing. From the draft of the paragraph, it appears that if a PIN notice is used then the contracting authority is precluded from making a call for competition via a regular contract notice and are bound to proceed with only the economic operators which put themselves forward.

Regulation 74 also provides rules for the ex-post transparency. Contracting authorities are bound to put out a contract award notice similar to the ones needed for any other contract covered by the Directive 2014/24/EU. In a concession to flexibility it is possible to group the contract award notices in a single batch within 30 days of the end of each quarter.

*Yes, I am aware I jumped Regulation 74 but I need to consider fully what I have to say about it so will come back to it either tomorrow or Friday. It's complicated.

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