Regulation 12 The restricted prodedure
–
A contracting authority using the restricted procedure shall comply with the following paragraphs of this regulation.
The contracting authority shall publicise its intention to seek offers in relation to the public supply contract by sending to the Official Journal as soon as possible after forming the intention a notice, in a form substantially corresponding to that set out in Part C of Schedule 3, inviting requests to be selected to tender and containing the information therein specified in relation to the contract.
Subject to paragraph (9) below, the date which the contracting authority shall fix as the last date for the receipt by it of requests to be selected to tender shall be specified in the contract notice and shall be not less than 37 days from the date of the despatch of the notice.
The contracting authority may exclude a supplier from those persons from whom it will make the selection of the persons to be invited to tender only if the supplier may be treated as ineligible on a ground specified in regulation 14 or if the supplier fails to satisfy the minimum standards of economic and financial standing and technical capacity required of suppliers by the contracting authority; for this purpose the contracting authority shall make its evaluation in accordance with regulations 14, 15, 16 and 17.
The contracting authority shall make the selection of the suppliers to be invited to tender in accordance with regulations 14, 15, 16 and 17; and in making the selection and in issuing invitations the contracting authority shall not discriminate between suppliers on the grounds of their nationality or the member State in which they are established.
The invitation to tender may be sent by letter, telegram, telex, facsimile or telephone but, in the last 4 cases, it shall be confirmed by letter and the letter of invitation shall be sent simultaneously to each supplier selected to tender together with the contract documents.
Subject to paragraph (9) below, the date which the contracting authority shall fix as the last date for the receipt by it of tenders made in response to the invitation to tender shall be specified in the invitation to tender and shall be not less than 40 days from the despatch of the invitation but, if it is necessary that suppliers be given the opportunity to inspect the premises at which the goods are to be used or documents relating to the contract documents, then that minimum period shall be extended to allow for such inspection.
Subject to paragraph (9) below, the contracting authority shall supply such further information relating to the contract documents as may reasonably be requested by a supplier selected to tender provided that the request for such information is received in sufficient time to enable the contracting authority to supply it not less than 6 days before the date specified in the invitation to tender as the final date for the receipt of tenders.
Where compliance with the minimum periods referred to in paragraphs (3), (7) and (8) above is rendered impracticable for reasons of urgency, the contracting authority may substitute for the periods specified in those paragraphs periods of not less than 15 days, 10 days and 4 days respectively and, in those circumstances, the contracting authority shall send the invitation to tender by the most rapid means possible.
A contracting authority shall not refuse to consider an application to be invited to tender if it is made by letter, telegram, telex or telephone provided that, in the last three cases, it is confirmed by letter without delay.