Overview
This regulation sets out the rules that apply to competitive procedure with negotiation procurements. This includes the rules relating to minimum time limits that a contracting authority may set for initial requests to participate, in addition to minimum time limits for the receipt of tenders. It also includes rules on the content of procurement documents for contracting authorities.
As per regulation 65 PCR 2015 (reduction of the number of otherwise qualified candidates to be invited to participate), a minimum of three suppliers must be shortlisted to participate in the procurement; provided that at least three suppliers meet the relevant selection criteria, including the minimum technical and professional ability standards.
For those candidates or tenderers invited to participate in the procurement, regulation 29 (i.e. this regulation) states that initial tenders must form the basis of subsequent negotiations to improve their content. The regulation also allows a contracting authority to award a contract on the basis of the initial tenders, without negotiation; but only in circumstances where the contracting authority has indicated in the contract notice that it reserves the possibility of doing so.
With the exception of the final tender, negotiations may be conducted by the contracting authority in connection with the initial and all subsequent tenders submitted candidates or tenderers. The procedure may also take place in successive stages in order to reduce the number of tenders to be negotiated by applying the award criteria specified in the contract notice or procurement documents.