PART 2RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
CHAPTER 2RULES ON PUBLIC CONTRACTS
SECTION 5Conduct of the Procedure
Prior involvement of candidates or tenderers41
1
Where a candidate or tenderer, or an undertaking related to a candidate or tenderer—
a
has advised the contracting authority, whether in the context of regulation 40 or not, or
b
has otherwise been involved in the preparation of the procurement procedure,
the contracting authority shall take appropriate measures to ensure that competition is not distorted by the participation of that candidate or tenderer.
2
Such measures shall include—
a
the communication to the other candidates and tenderers of relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure; and
b
the fixing of adequate time limits for the receipt of tenders.
3
The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to treat economic operators equally in accordance with regulation 18(1).
4
Prior to any such exclusion, candidates or tenderers shall be given the opportunity to prove that their involvement in preparing the procurement procedure is not capable of distorting competition.
5
The measures taken under this regulation shall be documented in the report referred to in regulation 84(1).