Reg. 36 (PCR 2015)

Electronic catalogues

In: Procure > Contract award and implementation

Overview

This regulation allows contracting authorities to require tenders for procurement procedures to be presented in the form of an electronic catalogue, or to include an electronic catalogue. Tenders presented in this format may be accompanied by additional documents to complete the tender. Electronic catalogues must be established by candidates or tenderers in accordance with the technical specifications and format set by the contracting authority. Electronic catalogues must also comply with the requirements for electronic communication tools (as per regulation 22 PCR 2015), and any additional requirement set by the contracting authority.

Contracting authorities must state in the contract notice if tenders in the form of electronic catalogues are accepted or required. They must also provide necessary information in the procurement documents regarding the format, electronic equipment used, and technical connection arrangement / specifications for the catalogue.

For framework agreements with multiple suppliers, which have been set up following the submission of tenders in the form of electronic catalogues, this regulation (i.e. regulation 36) allows contracting authorities to reopen competition for specific contracts based on updated catalogues. This can be done by inviting tenderers to resubmit their electronic catalogues or, contracting authorities can notify tenderers they intend to collect information to account for the requirements of the call-off contract from the electronic catalogues already submitted. Tenderers must be given the opportunity to refuse such collection of information. Before awarding the contract, contracting authorities must present the collected information to the relevant tenderer so that they can contest or confirm its correctness.

Contracting authorities may also award contracts based on a Dynamic Purchasing System (DPS), by requiring that offers for a specific contract are presented in the format of an electronic catalogue. Similar to what is set out above in relation to framework agreements, contracting authorities may constitute tenders by collecting information from the catalogue; provided that the request to participate in the DPS is accompanied by an appropriate electronic catalogue. Before awarding the contract, contracting authorities must present the collected information to the tenderer for review and confirmation.

Objective at this commercial stage

Present information to the tenderer for review and confirmation, where tenders have been constituted by collecting information from electronic catalogues previously submitted.

Note: this is specifically in relation to contracts awarded under framework agreements or Dynamic Purchasing Systems, which have been set up following the submission of electronic catalogues.

Key considerations at this commercial stage

Contracting authorities should:

  • present information to the tenderer for review and confirmation if the contracting authority constituted tenders by collecting information from the electronic catalogue previously submitted.

There is no direct equivalent section in the Procurement Act 2023

Additional support and guidance

Make sure you:

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