Civil Engineering Reference
In-Depth Information
tender,assoonaspossibleaterthecontractawarddecisionismade,withrelevant
information. Section 2.15 describes these requirements in more detail. Subject to
those requirements, a contracting authority may proceed to award a contract after
evaluating bids, and must publish a contract award notice in the Official Journal
within 48 days, containing specified details about the contract awarded, the successful
contractorandalsoabouttheprocurementcompetition,seeregulation31(1).
2.12 The negotiated procedure with advertisement
2.12.1 Significance of the negotiated procedure with advertisement
A significant feature of the negotiated procedure with advertisement is that it allows
a contracting authority to negotiate commercial and pricing proposals and contract
terms with bidders, which is not possible under either the open procedure or the
restricted procedure.
The negotiated procedure with advertisement is set out in regulation 17 of the Reg-
ulations. In summary, the stages in a negotiated procedure with advertisement are as
follows:
Step 1: Advertising
The contracting authority must send to the Official Journal a contract notice sub-
mission in prescribed form (see under regulation 17(3) of the Regulations), and the
contracting authority must send this as soon as possible after forming the intention
to seek offers, and must use the form of the contract notice in Annex II to Commis-
sion Regulation (EC) No. 1564/2005. As in the open and restricted procedures, this
advertises the contracting authority's requirement and gives details of how interested
parties may obtain further information.
Step 2: Pre-qualification stage
Interested parties must have (at least) 37 days from the date of dispatch of the contract
notice within which to notify the contracting authority that they wish to be selected to
negotiate, see regulation 17(5). That limit can be reduced further if the award notice
had been sent electronically or where the minimum time limit is rendered impractical
for reasons of urgency. See as follows:
•
regulation 17(5): where the contract notice is submitted by electronic means in
accordance with Annex VIII of the Directive, the time limit may be reduced by
seven days;
•
regulation 17(8)(a): a time limit of not less than 15 days from dispatch of the OJEU
Contract Notice for reasons of urgency; and
