Reg. 47 (PCR 2015)

Setting time limits

In: Procure > Finalise and publish procurement pack

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 relevant time limits for the procurement process must be clearly set out in the procurement documents.

Key considerations at this commercial stage

Contracting authorities should:

  • ensure that the procurement documents clearly identify the relevant deadlines associated with the procurement process
  • ensure that relevant deadlines are articulated clearly in the contract notice; deadline for submission of requests to participate, for example
  • ensure that the procurement documents reserve the right for the contracting authority to amend procurement deadlines at its discretion (to extend the tender submission deadline, where fair and proportionate to do so, for example)
  • launch the procurement at an appropriate time to mitigate the risk of requiring extension(s) to the tender submission deadline.

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