Q&As

Are there any penalties or risks where a contracting authority publishes an inaccurate (or poorly drafted) contract award notice under the Utilities Contracts Regulations? Can, or should, a poorly drafted contract award notice be withdrawn, amended and resubmitted to the EU Publications Office?

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Produced in partnership with Brendan Ryan of Norton Rose Fulbright
Published on LexisPSL on 03/06/2019

The following Local Government Q&A Produced in partnership with Brendan Ryan of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Are there any penalties or risks where a contracting authority publishes an inaccurate (or poorly drafted) contract award notice under the Utilities Contracts Regulations? Can, or should, a poorly drafted contract award notice be withdrawn, amended and resubmitted to the EU Publications Office?

According to the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, reg 70(1), utilities have 30 calendar days in which to send a contract award notice for publication to the EU Publications Office following the award of a contract or the conclusion of a framework agreement. Notices must contain the information set out in Annex XII to Directive 2014/25/EU (the Utilities Contracts Directive). For practical purposes, utilities comply with this requirement by submitting Form 6, which is the appropriate EU Publications Office form for contract awards by utilities. It should also be noted that a contract award notice should be used to inform the market that a particular tender process has been unsuccessful or abandoned.

In the past, the requirement to publish a contract award notice was often more honoured in the breach than in the observance—some contracting

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