Overview
This regulation provides that all communication and information exchange under Part 2 PCR 2015 should happen through electronic means of communication, subject to certain exceptions. The tools and devices used for communicating by electronic means should be generally available and interoperable with existing technology products so as not to restrict access of suppliers to the procurement procedure.
Tools and devices for the electronic receipt of tenders and request to participate must at least guarantee:
- the exact time and date for the submission of documents
- the restriction of access only for authorised persons, including access to setting or changing the dates for opening the data received
- that any infringement, or attempted infringement, of the access prohibitions or conditions are clearly detectable.
Contracting authorities are not obliged to require electronic means of communication in the submission process in certain situations. This includes where, due to the specialised nature of the procurement, the use of electronic means of communication would require specialised tools, devices, or file formats that are not generally available, supported, or accessible. In such cases, communication may be carried out by post or by a combination of post and electronic means.
In addition, electronic communication is not required in the submission process if another means of communication is necessary because of a security breach or because of the sensitive nature of information that needs to be protected.
Where means of communication other than electronic means are used in the submission process, the contracting authority must indicate in the report referred to in regulation 84(1) PCR 2015 (reporting and documentation requirements) the reasons for that requirement.
Oral communication may be used for non-essential elements of a procurement procedure, but the content of that communication must be sufficiently documented.
In all communication, exchange and storage of information, contracting authorities must ensure that the integrity of data and the confidentiality of tenders and requests to participate are preserved.
In deciding the level of security required at each stage of a procurement procedure (for the purpose of determining whether advanced electronic signatures are required), contracting authorities should assess the risks and the potential adverse consequences if those risks materialise. Amongst other issues, consideration should be given to the proper functioning of the procurement process, risks to national security and the risk of inadvertent or unauthorised disclosure of confidential information.
Specific provisions are also included in this regulation (i.e. regulation 22) relating to the use of advanced signature formats in procurement procedures.