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
Determine whether the two-stage restricted procedure is an appropriate procurement approach; by reference to the nature of the contract, its complexity and anticipated number of bidders.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that all time limits for the submission of invitations to participate and tenders comply with the minimum periods set out in this regulation (i.e. regulation 28)
- ensure that the number of suppliers that will be invited to participate in the procurement following receipt of requests to participate, is no fewer than the minimum permitted under regulation 65 PCR (reduction of the number of otherwise qualified candidates to be invited to participate)
- consider how requests to participate will be evaluated and how those suppliers invited to participate in the procurement will subsequently be shortlisted.
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
