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.

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