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.