Overview
This regulation requires contracting authorities to take into account the complexity of the contract and the time required for preparing tenders when setting relevant time limits during the procurement process (notwithstanding minimum time limits required by procurement procedures under regulations 27 to 33 of the PCR 2015). In particular, where it is necessary for bidders to carry out site visits or inspections in order to prepare their tenders, this must be reflected accordingly by the contracting authority when setting time limits.
In the event that significant changes are made to the procurement documents, or additional information, despite being requested in good time, is provided within six days of the tender submission deadline (four days for accelerated procedures), contracting authorities must extend the tender submission deadline by an amount which is proportionate to the importance of the change or information. Such extension is not required where additional information does not impact on the preparation of tenders or has not been requested by suppliers in good time.
Objective at this commercial stage
The tender submission deadline must be extended by a proportionate period where significant changes are made to the procurement documents, or where additional information (despite being requested in good time) is provided to bidders within six days of the tender submission deadline.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that the tender submission deadline is extended by a proportionate period where additional information is revealed within six days of the tender submission deadline, despite being requested in good time (four days in the case of accelerated procedures), or where significant changes are made to the procurement documents
- ensure that all relevant information is made available at the outset of the procurement process to mitigate the risk of requiring extension(s) to the tender submission deadline.
Legal framework
See also in the Procurement Act 2023:
- Section 31: Modifying a section 19 procurement
- 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
