Overview
This regulation allows contracting authorities to authorise, or require, tenderers to submit variant tenders provided that this is set out in the contract notice and, procurement documents should set out the minimum requirements to be met by variants; including any specific requirements for their presentation.
To the extent that the submission of variant tenders is authorised or required, contracting authorities must ensure that variant tenders are linked to the subject-matter of the contract and chosen award criteria can be applied to variants meeting minimum requirements; as well as to conforming tenders which are not variants.
Variant tenders may only be evaluated where they meet the contracting authority’s minimum requirements and must not be rejected on the sole ground that they would, where successful, lead to a public service or supply contract (rather than a public supply or service contract).
Objective at this commercial stage
Variant tenders must conform to the minimum requirements set out in the procurement documents and must not be rejected on the sole ground that they would, where successful, lead to a public service or supply contract (rather than a public supply or service contract).
Key considerations at this commercial stage
Contracting authorities should:
- ensure that variant tenders are evaluated only where they satisfy the minimum requirements as set out in the procurement documents
- ensure that evaluators apply the award criteria fairly and consistently to variant and non-variant tenders
- ensure that evaluators do not seek to disqualify variant tenders on the sole ground that they would, where successful, lead to a public service or supply contract (rather than a public supply or service contract).
Legal framework
There is no direct equivalent section in the Procurement Act 2023.
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
