02/05/2014
The flow charts below show the minimum statutory time limits which will apply to the open and restricted procedures.
The new statutory time limits are shorter, in some cases much shorter, than the current time limits.
When setting time limits for submission of tenders contracting authorities must always take into account the complexity of the contract and the time required for drawing up tenders (Article 47/Regulation 47). The time limits must be proportionate, so the minimum timescales may not always be appropriate.
*Note: where a PIN is used as a call for competition the procurement documents must be available from the date of despatch of the invitation to confirm interest. See Restricted Procedure – new options, Option 2 below for further information.
Restricted procedure - new options
There are two additional options available to sub-central authorities running the restricted procedure.
- Option 1 - agree time limits for return of tenders: this option permits sub-central authorities** to agree the time for return of tenders with all participating tenders. The agreed period can be shorter than 10 days. In the absence of agreement the time limit will be a minimum of 10 days (Article 28(4)/Regulation 28(8)).
- Option 2 - use of a prior information notice (PIN) as a call for competition: this option permits sub-central authorities to use a special PIN to advertise one or more contracts up to a year in advance of the start of the procurement. Following publication of the special PIN there is no further obligation to publish a contract notice in the OJEU. Contracting authorities can then limit the competition to those economic operators who expressed an interest in response to the PIN (Articles 26(5), 28 and 48(2)/Regulations 26(9), 28 & 48(5)-(7)).
Open Procedure
Open Procedure - without prior publication of a PIN
All contracting authorities
Articles 27 and 47/Regulations 27 and 47
Open Procedure - with publication of a standard PIN
All contracting authorities
Articles 27 and 47/Regulations 27 and 47
Open procedure - urgency
All contracting authorities
Article 27/Regulations 27
Where a “duly substantiated” state of urgency “renders impracticable” the 35/30 day time limits.
Restricted procedure
Restricted procedure - without prior publication of a PIN
All contracting authorities
Articles 28 and 47/Regulations 28 and 47
Restricted procedure – with publication of a standard PIN
All contracting authorities
Articles 28 and 47/Regulations 28 and 47
Restricted procedure - agreeing time for return of tenders
Sub-central authorities only (see above**)
Articles 28 and 47/Regulations 28 and 47
Restricted procedure- using PIN as call for competition
Sub-central authorities only (see above**)
Articles 28 and 47/Regulations 28 and 47
Restricted procedure - urgency
All contracting authorities
Article 28/Regulations 28
Where a “duly substantiated” state of urgency “renders impracticable” the usual time limits.
