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—

    1. a

      has submitted a request to participate in, or a tender as part of, the competitive tendering procedure, and

    2. b

      has not been excluded in accordance with the procedure or under this Act.

8

See section 43 for provision about switching to direct award.