PART 3Award of public contracts and procedures
CHAPTER 2Competitive award
Exclusions and modifications
I131Modifying a section 19 procurement
1
A contracting authority may modify the terms of a covered procurement before the following deadlines have passed—
a
in the case of an open procedure, the deadline for submitting tenders;
b
in the case of a competitive flexible procedure—
i
the deadline for submitting a request to participate in the procedure, or
ii
where there has been no invitation to submit such requests, the deadline for submitting a first or only tender.
2
In the case of a competitive flexible procedure, a contracting authority may also modify the terms of a covered procurement before the deadline for submitting a tender for assessment under section 19 (award following competitive tendering procedure) has passed if—
a
the modification is not substantial, or
b
the procurement relates to the award of a light touch contract.
3
A modification is “substantial” if—
a
it would permit suppliers that are not participating suppliers to submit a tender, or
b
the contracting authority considers that, had the modification been reflected in the tender notice or associated tender documents before a deadline referred to in subsection (1)(b) passed—
i
one or more participating suppliers would not be a participating supplier, or
ii
one or more suppliers that are not participating suppliers would be a participating supplier.
4
Whenever a contracting authority modifies the terms of a covered procurement, the authority must consider revising applicable tender deadlines and other time limits in accordance with section 54 (time limits).
5
If a contracting authority modifies the terms of a covered procurement under subsection (1), the authority must revise and republish or provide again the tender notice and any associated tender documents affected by the modifications or time limit revisions.
6
If a contracting authority modifies the terms of a covered procurement under subsection (2), the authority must notify each participating supplier.
7
In this section—
“terms of a covered procurement” means anything set out in a tender notice or associated tender documents, including any requirements of a competitive tendering procedure, conditions of participation or award criteria;
“participating supplier” means a supplier that—
- a
has submitted a request to participate in, or a tender as part of, the competitive tendering procedure, and
- b
has not been excluded in accordance with the procedure or under this Act.
- a
8
See section 43 for provision about switching to direct award.