Scottish Statutory Instrument SI 2016/49 Scotland

The Utilities Contracts (Scotland) Regulations 2016

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Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Statutory Undertaker42 Operator3

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Statutory Undertaker — also bound by 179 other Acts
Operator — also bound by 746 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

9 of 44 sections shown
s.006 Procurement covering several activities Regulated
  • Choose procurement structure for mixed activities without avoiding regulationsStatutory Undertaker
s.015 Review and amendment of certain thresholds Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must review and adjust procurement thresholds every two yearsCrown / Minister / Government department
s.016 Estimating value Regulated
  • Estimate contract value correctly and avoid manipulation to bypass procurement rulesStatutory Undertaker
s.024 Mixed procurement covering the same activity and involving defence and security aspects Regulated
  • Decide how to structure mixed procurements involving defence or securityStatutory Undertaker
s.025 Procurement covering several activities and involving defence or security aspects Regulated
  • Justify bundling defence/security procurement contractsStatutory Undertaker
s.034 Principles of procurement Regulated
  • Run procurement fairly and include social, environmental and employment conditionsStatutory Undertaker
s.035 Economic operators Regulated
  • Provide staff names and qualifications in utility contract bids if requiredOperator
s.037 Confidentiality Regulated
Other duties (1) — Crown / regulator
  • Utility must keep confidential business information secretLocal authority
s.038 Rules applicable to communication Regulated
  • Use electronic communications for procurement and ensure data integrityStatutory Undertaker
35 other sections in this Part — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Subject-matter and application of these Regulations
s.003 Regulation of procurement by UK contracting authorities
s.003 Regulation of procurement under cross-border arrangements
s.004 Utilities
s.005 Mixed procurement covering the same activity
s.007 Common Provisions
s.008 Gas and heat
s.009 Electricity
s.010 Water
s.011 Transport services
s.012 Ports and airports
s.013 Postal services
s.014 Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
s.015 Thresholds
s.017 Exclusion: Contracts awarded for the purpose of resale or lease to third parties
s.018 Exclusion: Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity outside the United Kingdom
s.019 Exclusion: Contracts awarded and design contests organised pursuant to international rules
s.020 Exclusion: Specific exclusions for service contracts
s.021 Exclusion: Service contracts awarded on the basis of an exclusive right
s.022 Exclusion: Contracts awarded by certain utilities for the purchase of water and for the supply of energy or of fuels for the production of energy
s.023 Defence and security
s.026 Contracts and design contests involving defence and security aspects which are awarded or organised pursuant to international rules
s.027 Exclusion: contracts between contracting authorities
s.028 Exclusion: contracts awarded to an affiliated undertaking
s.029 Exclusion: Contracts awarded to a joint venture or to a utility forming part of a joint venture
s.030 Notification of information
s.031 Research and development services
s.032 Activities directly exposed to competition
s.033 Procedure for establishing whether regulation 32(2)(b) is applicable
s.036 Reserved contracts
s.038 Powers to amend regulation 38
s.039 Nomenclatures
s.040 Conflicts of interest
Part 2

RULES APPLICABLE TO CONTRACTS

32 of 50 sections shown
s.041 Conditions relating to the GPA Regulated
  • Treat GPA party suppliers as favourably as UK suppliersStatutory Undertaker
s.041 Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA Regulated
  • Utilities must treat foreign suppliers no less favourably under relevant trade agreementsStatutory Undertaker
s.043 Open Procedure Regulated
  • Allow any interested supplier to tender within statutory deadlines in open procedureStatutory Undertaker
s.044 Restricted Procedure Regulated
  • Allow economic operators to submit requests to participate within statutory time limitsStatutory Undertaker
s.046 Competitive Dialogue Regulated
  • Run competitive dialogue fairly and transparentlyStatutory Undertaker
s.047 Innovation Partnership Regulated
Other duties (1) — Crown / regulator
  • Utilities must follow the innovation partnership procurement procedure correctlyCrown / Minister / Government department
s.049 Framework Agreements Regulated
Other duties (1) — Crown / regulator
  • Follow procurement rules when setting up and using framework agreementsCrown / Minister / Government department
s.052 Electronic catalogues Regulated
  • State electronic catalogue requirements in contract notices and provide technical specificationsStatutory Undertaker
s.054 Occasional joint procurement Regulated
  • Understand your joint procurement responsibilitiesStatutory Undertaker
s.057 Prior involvement of candidates or tenderers Regulated
  • Prevent competition distortion from prior involvement of biddersStatutory Undertaker
s.058 Technical specifications Regulated
  • Set clear, fair technical specifications in procurement documentsStatutory Undertaker
s.059 Labels Regulated
  • Require labels as proof of environmental or social characteristics only under strict conditionsStatutory Undertaker
s.061 Communication of technical specifications Regulated
  • On request, provide technical specifications to interested operatorsStatutory Undertaker
s.062 Variants Regulated
  • Set clear rules for variant bids in utility procurementStatutory Undertaker
s.064 Setting time limits Regulated
Other duties (1) — Crown / regulator
  • Set adequate tender deadlines and extend if information is lateLocal authority
s.065 Periodic indicative notices Regulated
  • Publish periodic indicative notices correctly if you choose toStatutory Undertaker
s.066 Notices on the existence of a qualification system Regulated
  • Publish a notice for your qualification system and tell suppliers about changesStatutory Undertaker
s.067 Contract notices Regulated
  • Publish contract notices containing specific information on the UK e-notification serviceStatutory Undertaker
s.068 Contract award notices Regulated
  • Submit contract award notices to the UK e-notification serviceStatutory Undertaker
s.069 Publication on the UK e-notification service Regulated
  • Submit procurement notices to UK e-notification service and keep proof of submissionStatutory Undertaker
s.070 Publication otherwise than on the UK e-notification service Regulated
  • Do not publish procurement notices elsewhere before they appear on the UK e-notification serviceStatutory Undertaker
s.071 Electronic availability of procurement documents Regulated
  • Make procurement documents available online free of chargeStatutory Undertaker
s.072 Invitations to candidates Regulated
  • Send invitations to selected candidates simultaneously and in writingStatutory Undertaker
s.073 Informing applicants for qualification, candidates and tenderers Regulated
  • Inform candidates and tenderers of procurement decisions and provide reasonsStatutory Undertaker
s.075 Qualification systems Regulated
  • Maintain an open and fair supplier qualification systemStatutory Undertaker
s.076 Criteria for qualitative selection Regulated
Other duties (1) — Crown / regulator
  • Utilities must publish selection criteria and maintain competitionCrown / Minister / Government department
s.077 Reliance on the capacities of other entities Regulated
  • Prove other entities' resources are available when relying on them in utility bidsOperator
s.078 Use of exclusion grounds and selection criteria provided for under the Public Contracts (Scotland) Regulations Regulated
  • Apply mandatory exclusion and selection criteria in utility procurementsStatutory Undertaker
s.079 Quality assurance standards and environmental management standards Regulated
  • Accept equivalent quality and environmental evidence when bidders cannot obtain certificatesStatutory Undertaker
s.080 Contract award criteria Regulated
  • Base contract award on most economically advantageous tenderStatutory Undertaker
s.081 Life-cycle costing Regulated
  • Use life-cycle costing properly and inform bidders of method and data neededStatutory Undertaker
s.087 Termination of contracts Regulated
  • Include termination clauses in utility contracts for modifications or excluded contractorsStatutory Undertaker
18 other sections in this Part — procedural and definitional
s.041 Conditions relating to international agreements by which the EU is bound, other than the GPA
s.042 Choice of procedures
s.045 Negotiated procedure with prior call for competition
s.048 Use of the negotiated procedure without prior call for competition
s.050 Dynamic Purchasing Systems
s.051 Electronic Auctions
s.053 Centralised purchasing activities and central purchasing bodies
s.055 Procurement involving utilities from different member States
s.056 Preliminary market consultation
s.060 Test reports, certificates and other means of proof
s.063 Division of contracts into lots
s.074 General principles
s.082 Abnormally low tenders
s.083 Tenders comprising products originating in third countries
s.084 Conditions for performance of contracts
s.084 Electronic invoicing
s.085 Subcontracting
s.086 Modification of contracts during their term
Part 3

PARTICULAR PROCUREMENT REGIMES

4 of 7 sections shown
s.088 Award of contracts for social and other specific services Regulated
  • Award social services contracts in accordance with this regulation chapterStatutory Undertaker
s.092 Notices Regulated
  • Publish contest notices and result notices for design contestsStatutory Undertaker
s.093 Rules on the organisation of design contests and the selection of participants and the jury Regulated
  • Run design contests with fair selection and independent juryStatutory Undertaker
s.094 Decisions of the jury Regulated
Other duties (1) — Crown / regulator
  • Jury must run design contests fairly and transparentlyStatutory regulator
3 other sections in this Part — procedural and definitional
s.089 Publication of notices
s.090 Principles of awarding contracts
s.091 Scope of Chapter
Part 4

INFORMATION AND DOCUMENTATION

2 of 2 sections shown
s.095 Retention of contract copies Regulated
  • Keep copies of high-value contracts and grant accessStatutory Undertaker
s.096 Reporting and documentation requirements Regulated
  • Keep records and documentation of all procurement proceduresStatutory Undertaker
Part 5

REMEDIES

7 of 14 sections shown
s.100 Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA Regulated
  • Utilities must comply with procurement regulations (duty owed to UK/Gibraltar economic operators)Statutory Undertaker
s.100 Duty owed to economic operators from GPA parties Regulated
  • Utilities must treat bidders from GPA countries fairlyStatutory Undertaker
s.100 Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA Regulated
  • Treat economic operators from UK trade agreement countries fairly in procurementStatutory Undertaker
s.101 Enforcement of duties through the courts Regulated
  • Notify and sue utility within strict deadlines if you suffer loss from a breachOperator
s.102 Automatic Suspension of utility’s power to proceed with contract award Regulated
  • Utilities must not proceed with contract award during legal challengeStatutory Undertaker
s.105 Powers of the court: ineffectiveness order Regulated
Other duties (1) — Crown / regulator
  • Court must impose financial penalties when making ineffectiveness ordersTribunal / Court
s.107 Other orders Regulated
Other duties (1) — Crown / regulator
  • Court must impose financial penalty or shorten contract when ineffectiveness declinedTribunal / Court
7 other sections in this Part — procedural and definitional
s.097 Scope of Chapter
s.098 Notices of decisions to award a contract or conclude a framework agreement
s.099 Standstill period
s.103 Powers and duties of the court
s.104 Ineffectiveness orders
s.106 General interest grounds for not making a declaration of ineffectiveness
s.108 Financial penalties
Part 5

AMENDING THESE REGULATIONS

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.108 General provisions about regulations under these Regulations
Part 6

REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.109 Interpretation of Part 6
s.110 Revocations and consequential amendments
s.111 Transitional provision and saving: where procurement commenced before 18th April 2016
s.112 Transitory provision: prior to full commencement of regulation 38(1) to (7)
s.113 Transitory provision: temporary exemption
Schedules

Schedules

0 of 3 shown
3 other schedules
s.sch003 Cleaner Road Transport Vehicles (Scotland) Regulations 2010
s.sch003 Defence and Security Public Contracts Regulations 2011
s.sch003 Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.