S.L. 601.3 Art. 23Obligations.

(1) When a contracting authority carries out its procurement under regulation 22 they will be deemed to have fulfilled their obligations under these regulations.

(2) A contracting authority also fulfils its obligations pursuant to these regulations where it acquires works, supplies or services:

(a) by using contracts awarded by the central purchasing body;

(b) by using dynamic purchasing systems operated by the central purchasing body, or to the extent set out in sub-regulation (5);

(c) by using a framework agreement concluded by the central purchasing body offering the centralised purchasing activity as defined in paragraph (b) of the definition "centralised purchasing activities";

(3) Notwithstanding the provisions of sub-regulation (2), the contracting authority concerned shall be responsible for fulfilling the obligations pursuant to these regulations in respect of the parts it conducts itself, such as:

(a) awarding a contract under a dynamic purchasing system, which is operated by a central purchasing body;

(b) conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body;

(c) pursuant to paragraphs (a) or (b) of regulation 173(1) determining which of the economic operators, party to the framework agreement, shall perform a given task under a framework agreement that has been concluded by a central purchasing body.

(4) All procurement procedures conducted by a central purchasing body shall be performed using electronic means of communication, in accordance with the requirements set out in regulation 48.

(5) Contracting authorities may, without applying the procedures provided for in these regulations, award a public service contract for the provision of centralised purchasing activities to a central purchasing body.

(6) The public service contracts identified under sub-regulation

(5) may also include the provision of ancillary purchasing activities.