Overview
This regulation provides rules on how a contracting authority must publish the procurement documents. The contracting authority must offer unrestricted and full direct access free of charge to the procurement documents, by means of the internet, from the date of the publication of the procurement notices on the UK e-notification service (provided by Find a Tender). The content of the notice must specify the internet address at which the procurement documents are accessible.
Where, in accordance with the exemptions under regulation 22(3) PCR 2015 (rules applicable to communication), the contracting authority does not offer access via the internet to the procurement documents, the contracting authority may indicate in the notice that the procurement documents concerned will be transmitted by other means.
Additionally, where the contracting authority intends to impose requirements aimed at protecting the confidential nature of the relevant information (as per regulation 21 PCR 2015 (Confidentiality)), it must indicate in the notice which measures are required and how access can be obtained.
In both of the situations above, the time limit for the submission of tenders must be extended by five days (except in the cases of duly substantiated urgency).
If requested in good time, contracting authorities must provide to all tenderers any additional information relating to the specifications and / or any supporting documents, no later than six days before the deadline for the receipt of tenders. This may be reduced to four days in the case of an accelerated procedure.
Objective at this commercial stage
The contract notice must indicate where the procurement documents can be accessed by interested suppliers.
Key considerations at this commercial stage
Contracting authorities should:
- offer unrestricted and full direct access free of charge to the procurement documents, by means of the internet, from the date of the publication of the following notices on Find a Tender: contract notice under regulation 49 PCR 2015 and design contest notice under regulation 79 PCR 2015
- specify in the notice the internet address at which the procurement documents are accessible
- where unrestricted and full direct access free of charge to certain procurement documents cannot be offered via the internet for one of the reasons set out in regulation 22(3) PCR 2015 (rules applicable to communication), indicate in the notice that the procurement documents will be transmitted by other means
- where unrestricted and full direct access free of charge to certain procurement documents cannot be offered via the internet for reasons set out in regulation 21(3) PCR 2015 (confidentiality), indicate in the notice which measures are required for the protection of confidential information and how access to the procurement documents can be obtained.
Legal framework
See also in the Procurement Act 2023:
- Section 95: Notices, documents and information: regulations and online system
- Section 96: Electronic communications
- Section 97: Information relating to a procurement
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
