Overview
This regulation sets out the rules that apply to restricted procedure procurements. The regulation also sets out the rules regarding minimum time limits that a contracting authority may set for initial requests to participate and for those suppliers invited to submit a tender, the minimum time limits for receipt of those tenders which vary depending on the circumstances.
As per regulation 65 PCR 2015 (reduction of the number of otherwise qualified candidates to be invited to participate), the contracting authority must shortlist a minimum of five suppliers to participate in the procurement, provided that at least five suppliers meet the relevant selection criteria, including the minimum technical and professional ability standards.
Objective at this commercial stage
The time limit for receipt of tenders must be specified in the procurement documents and must comply with the minimum periods set out in this regulation (i.e. regulation 28).
Key considerations at this commercial stage
Contracting authorities should:
- specify the time limit for receipt of requests to participate and, if a supplier is invited to participate, for the receipt of tenders (ensuring that all time periods comply with the minimum periods set out in this regulation; i.e. regulation 28)
- clearly set out in the procurement documents the number of suppliers that will be shortlisted following receipt of requests to participate (ensuring this is no fewer than the minimum permitted under regulation 65 PCR 2015; reduction of the number of otherwise qualified candidates to be invited to participate)
- clearly set out in the procurement documents how requests to participate will be evaluated and how the contracting authority will determine which suppliers are shortlisted to participate in the procurement for the purposes of submitting a tender.
Legal framework
See also in the Procurement Act 2023:
- Section 20: Competitive tendering procedures
- Section 54: Time limits
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
