Overview
This regulation sets out the rules around using electronic auctions and explains that contracting authorities may use electronic auctions, in which tenderers (i.e. bidding suppliers) present: (a) new prices, revised downwards, or; (b) new values concerning certain elements of tenders. The electronic auction process occurs after an initial full evaluation of tenders and must be done using a repetitive electronic process so tenders can be ranked using automatic evaluation methods.
Electronic auctions may not be used for public service contracts or public works contracts involving intellectual performances (such as the design of works) which cannot be ranked automatically. Further, an electronic auction cannot be used for contracts where technical specifications cannot be established with precision.
Depending on the basis of the award, the electronic auction shall be based either: (a) solely on prices, or; (b) on prices and / or on new values of the features of the tenders.
Where a contracting authority intends to hold an electronic auction, this should be referred to in the contract notice. The procurement documents must include certain details, for example: the features, the values of which will be the subject of the electronic auction, limits on values that may be submitted, and information that will be made available to tenderers in the course of the auction.
Only tenderers that have submitted admissible tenders will be invited to participate in the electronic auction. The electronic auction may take place in successive phases, and throughout each phase of the electronic auction, certain information will be communicated to all tenderers.
The contract is awarded based on the results of the electronic auction following its closure.