Moved by
Baroness Neville-Rolfe
71: After Clause 38, insert the following new Clause—
“Qualifying utilities dynamic market notices: no duty to publish a tender notice
(1) The duty to publish a tender notice in section 20(1) does not apply in relation to the award of a contract by reference to suppliers’ membership of—
(a) a utilities dynamic market established by reference to a qualifying utilities dynamic market notice, or
(b) a part of such a market.
(2) A contracting authority must instead provide a tender notice to members of the market, or part of the market, for the purposes set out in section 20(1).
(3) A contracting authority may also provide a tender notice to suppliers that have applied for membership of the market, or part of the market, but have yet to be accepted or rejected.
(4) The reference in section 20(5) to a tender notice or associated tender documents includes a reference to a qualifying utilities dynamic market notice.
(5) Section 33(4) (duty to consider applications for membership) does not apply in relation to the award of a contract by reference to suppliers’ membership of—
(a) a utilities dynamic market established by reference to a qualifying utilities dynamic market notice, or
(b) a part of such a market.
(6) In this section, “a qualifying utilities dynamic market notice” means a dynamic market notice under section 38(2) (dynamic market notices) that—
(a) relates to the establishment of a utilities dynamic market, and
(b) sets out—
(i) that only members of the market will be notified of a future intention to award a contract by reference to suppliers’ membership of the market, and
(ii) any other information specified in regulations under section 88.
(7) In this Act, a reference to publication of a tender notice includes a reference to provision of a tender notice under subsection (2) or (3).”
Member’s explanatory statement
This new Clause would relieve a utility that establishes a dynamic market by reference to a qualifying utilities dynamic market notice from the obligation to publish a tender notice.