Bevan Brittan byte size procurement update 3

Statutory time limits under the Public Sector Directive 2014/24/EU part 2 - Competitive Dialogue Procedure and Competitive Procedure with Negotiation.

09/05/2014

The flow charts below show the minimum statutory time limits which apply to the Competitive Dialogue Procedure and Competitive Procedure with Negotiation. In Bevan Brittan's next byte size procurement update we will be looking at when and how you can use these two procedures.

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(1)). 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 Competitive Procedure with Negotiation – new options below for further information.

Competitive Procedure with Negotiation- new options

There are two additional options available to sub-central authorities running the Competitive Procedure with Negotiation. 

Option 1- agree time limits for return of tenders

This options permits sub-central authorities to agree the time for return of tenders with all participating tenderers. The agreed period can be shorter than 10 days. In the absence of agreement the time limit will be a minimum of 10 days. This exception is set out in Article 28/Regulation 28(7) (Restricted Procedure) but cross-referred to in Article 29 (1)/Regulation 29(6) (Competitive Procedure with Negotiation).

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.

 

Competitive Dialogue

All contracting authorities

Articles 30 and 47/Regulations 30 and 47

 

Competitive Procedure with Negotiation

Competitive Procedure with Negotiation without prior publication of a PIN

All contracting authorities

Articles 29 and 47/Regulations 29 and 47

 

 

Competitive Procedure with Negotiation with publication of a standard PIN

All contracting authorities

Articles 29 and 47/Regulations 29 and 47

 

 

Competitive Procedure with Negotiation using a PIN as a call to competition

Sub-central authorities only (see above)

Article 29, 47 and 48/Regulations 29,47 and 48

 

Competitive Procedure with Negotiation: urgency

All contracting authorities

Article 29/Regulations 29

Where a "duly substantiated" state of urgency "renders impracticable" the usual time limits.

***It appears that sub-central authorities may agree a shorter time limit than 10 days.

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