Regulation 11 The open procedure

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 11(3) substituted by Public Contracts (Works, Services and Supply) 2000 reg. 5(6)(a)
reg. 11(3A) inserted by Public Contracts (Works, Services and Supply) 2000 reg. 5(6)(b)
reg. 11(8)(9) added by Public Contracts (Works, Services and Supply) 2000 reg. 5(7)
reg. 11(2) words substituted by Public Contracts (Works, Services and Supply) and Utilities Contracts 2003 reg. 5(3)
reg. 11(3A)(b) words substituted by Public Contracts (Works, Services and Supply) and Utilities Contracts 2003 reg. 5(4)

(1)

A contracting authority using the open procedure shall comply with the following paragraphs of this regulation.

(2)

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 B of Schedule 3, inviting tenders and containing the information therein specified.

(3)

Subject to paragraph (6) 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 contract notice shall be specified in the notice and shall be not less than 52 days from the date of despatch of the notice.

(4)

The contracting authority shall send the contract documents within 6 days of the receipt of a request from any supplier provided that the documents are requested by the date specified in the contract notice and any fee specified in the notice has accompanied the request.

(5)

The contracting authority shall supply such further information relating to the contract documents as may reasonably be requested by a supplier provided that the request is received in sufficient time to enable the contracting authority to supply the information no later than 6 days before the date specified in the contract notice as the final date for the receipt of tenders.

(6)

If the contract documents are too bulky to be supplied within the periods referred to in paragraphs (4) and (5) above or 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 the minimum period laid down in paragraph (3) above shall be extended to allow for such supply or inspection.

(7)

The contracting authority may exclude a tender from the evaluation of offers made in accordance with regulation 21 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.