Regulation 20 Tender notices: competitive flexible procedureI1
England and Wales
This regulation sets out other information which must be included in a tender notice for the award of a public contract through a competitive flexible procedure published in accordance with section 21(1)(b) of the 2023 Act.
The information is—
the same information referred to in regulation 19(2) except sub-paragraphs (d) and (j),
a statement that the tender notice is for the award of a public contract through a competitive flexible procedure in accordance with section 20(1) and (2)(b) of the 2023 Act,
a description of the process to be followed during the procedure, including—
whether the procedure may include negotiation at any stage, and
if the contracting authority proposes to rely on section 24 of the 2023 Act (refining award criteria), a summary of how it will rely on that section,
where the number of suppliers is, or may be, no more than a maximum number of suppliers, generally or in respect of particular tendering rounds or other selection processes, the maximum number of suppliers and the criteria used to select the limited number of suppliers,
where the number of suppliers is, or may be, no less than an intended minimum number of suppliers, generally or in respect of particular tendering rounds or other selection processes, the intended minimum number of suppliers,
where the tender notice is being used for the purpose of inviting suppliers to submit a request to participate, how requests to participate may be submitted and the date by when they must be submitted,
where the tender notice is being used for the purpose of inviting suppliers to submit their first, or only, tender, how tenders may be submitted and the date by when they must be submitted, F1...
whether an associated tender document is being, or may be, provided in accordance with the tender notice after the date when that notice is published and, if so, a link to the web page where it will be provided, or an explanation of how the document will be provided.
Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.
This regulation does not apply to—
a tender notice for the award of a framework through a competitive flexible procedure (see instead regulation 21), or
a tender notice for the award of a public contract by reference to suppliers’ membership of a dynamic market (see instead regulation 22).
Annotations
Textual amendments
- F1
Word in reg. 20(2) omitted (24.2.2025) by virtue of The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(6)(a)
- F2
Reg. 20(2)(h) full stop omitted (24.2.2025) by virtue of The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(6)(b)
- F3
Reg. 20(2)(i) and word inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(6)(b)