09/05/2014
The flow charts below show the minimum statutory time limits which apply to the Competitive Dialogue Procedure and Competitive Procedure with Negotiation. In Bevan Brittan's next byte size procurement update we will be looking at when and how you can use these two procedures.
When setting time limits for submission of tenders contracting authorities must always take into account the complexity of the contract and the time required for drawing up tenders (Article 47/Regulation 47(1)). The time limits must be proportionate, so the minimum timescales may not always be appropriate.
*Note: where a PIN is used as a call for competition the procurement documents must be available from the date of despatch of the invitation to confirm interest. See Competitive Procedure with Negotiation – new options below for further information.
Competitive Procedure with Negotiation- new options
There are two additional options available to sub-central authorities running the Competitive Procedure with Negotiation.
Option 1- agree time limits for return of tenders
This options permits sub-central authorities to agree the time for return of tenders with all participating tenderers. The agreed period can be shorter than 10 days. In the absence of agreement the time limit will be a minimum of 10 days. This exception is set out in Article 28/Regulation 28(7) (Restricted Procedure) but cross-referred to in Article 29 (1)/Regulation 29(6) (Competitive Procedure with Negotiation).
Option 2- use of a prior information notice (PIN) as a call for competition
This option permits sub-central authorities to use a special PIN to advertise one or more contracts up to a year in advance of the start of the procurement. Following publication of the special PIN there is no further obligation to publish a contract notice in the OJEU. Contracting authorities can then limit the competition to those economic operators who expressed an interest in response to the PIN.
Competitive Dialogue
All contracting authorities
Articles 30 and 47/Regulations 30 and 47
Competitive Procedure with Negotiation
Competitive Procedure with Negotiation without prior publication of a PIN
All contracting authorities
Articles 29 and 47/Regulations 29 and 47
Competitive Procedure with Negotiation with publication of a standard PIN
All contracting authorities
Articles 29 and 47/Regulations 29 and 47
Competitive Procedure with Negotiation using a PIN as a call to competition
Sub-central authorities only (see above)
Article 29, 47 and 48/Regulations 29,47 and 48
Competitive Procedure with Negotiation: urgency
All contracting authorities
Article 29/Regulations 29
Where a "duly substantiated" state of urgency "renders impracticable" the usual time limits.
