Reg. 46 (PCR 2015)

Division of contracts into lots

In: Procure > Finalise and publish procurement pack

Overview

This regulation allows contracting authorities to award a contract in the form of separate lots; provided that the contract notice indicates whether tenders may be submitted for one, for several, or for all of the lots.

When designing the procurement, a contracting authority may decide to limit the number of lots that may be awarded to one bidder, provided that the maximum number of lots per bidder is stated in the contract notice. In such circumstances, the procurement documents must explain how lots will be awarded where the application of the award criteria would result in one bidder being awarded more lots than the maximum number.

Where the same bidder is awarded multiple lots, contracting authorities may award contracts combining some or all of the lots provided that the possibility of doing so has been set out in the procurement documents.

To the extent that a contracting authority decides not to award a contract in the form of several lots, it must explain the reasons for this decision in either the procurement documents or in the report required as per regulation 84 PCR 2015 (reporting and documentation requirements).

Objective at this commercial stage

Contracting authorities should ensure that the contract notice clearly identifies whether the contract will be divided into lots, whether bidders are restricted to apply for a maximum number of lots and whether contracts may be awarded on the basis of combination of lots.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that the contract notice clearly identifies whether the contract will be divided into lots and any associated requirements in connection with the submission and evaluation of tenders, as well as the award of contracts
  • ensure that any requirements which limit the number of lots that may be awarded to a single bidder are set out clearly in the procurement documents.

See also in the Procurement Act 2023:

  • Section 18: Duty to consider lots
  • Section 20: Competitive tendering procedures
  • Section 23: Award criteria

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements