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
The procurement documents should clearly indicate whether the submission of variant tenders is authorised or required and, where applicable, should clearly indicate the minimum requirements to be met by variant tenders, including any specific requirements for their presentation.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that the contract notice clearly identifies whether the submission of variant tenders is authorised or required
- ensure that the procurement documents are made available from the outset of the procurement process, setting out clearly and unambiguously the minimum requirements that must be satisfied by variant tenders, including any specific requirements for their presentation
- where applicable, ensure that the procurement documents clearly identify whether variants may be submitted only where a non-variant tender has also been submitted.
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
