PART ONEU.K. COMMON PROVISIONS

[F1TITLE V U.K. PUBLIC PROCUREMENT AND CONCESSIONS]

CHAPTER 1 U.K. General provisions

[F1Section 3 U.K. Procurement procedures

Article 135 U.K. Use of a competitive procedure with negotiation or competitive dialogue (Article 104(5) of the Financial Regulation)

1. When the contracting authority uses the competitive procedure with negotiation or the competitive dialogue, it shall follow the arrangements on negotiation set out in Article 104(4) of the Financial Regulation and in Article 128(5) of this Regulation. The contracting authority may use these procedures regardless of the estimated value of the contract, in the following cases:

(a) where only irregular or unacceptable tenders as defined in paragraphs 2 and 3 have been submitted in response to an open or restricted procedure after this procedure has been completed provided that the original procurement documents are not substantially altered; the publication of a contract notice may be waived under the conditions set out in paragraph 4;

(b) with regard to works, supplies or services fulfilling one or more of the following criteria:

(i)

where the needs of the contracting authority cannot be met without the adaptation of a readily available solution;

(ii)

the works, supplies or services include design or innovative solutions;

(iii)

the contract cannot be awarded without prior negotiations because of specific circumstances related to the nature, complexity or the legal and financial make-up of the contract or the risks attached to the subject matter of the contract;

(iv)

the technical specifications cannot be established with sufficient precision by the contracting authority with reference to a standard, as set out in Article 139(3);

(c) for concession contracts;

(d) for the service contracts referred to in Annex XIV to Directive 2014/24/EU;

(e) for research and development services other than those covered by CPV codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 unless the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, or unless the service provided is wholly remunerated by the contracting authority;

(f) for service contracts for the acquisition, development, production or co-production of programme material intended for audiovisual or radio media services as defined in Directive 2010/13/EU of the European Parliament and of the Council (1) or contracts for broadcasting time or programme provision.

2. A tender shall be considered irregular in any of the following cases:

(a) when it does not comply with the minimum requirements specified in the procurement documents;

(b) when it does not comply with the requirements for submission set out in Article 111(4) of the Financial Regulation;

(c) when the tenderer is rejected under points (b) or (c) of Article 107(1) of the Financial Regulation;

(d) when the contracting authority has declared the tender to be abnormally low.

3. A tender shall be considered unacceptable in any of the following cases:

(a) when the price of the tender exceeds the contracting authority's maximum budget as determined and documented prior to the launching of the procurement procedure;

(b) when the tender fails to meet the minimum quality levels for award criteria.

4. In the cases referred to in point (a) of paragraph 1, the contracting authority shall not be required to publish a contract notice if it includes in the competitive procedure with negotiation all those tenderers who satisfied exclusion and selection criteria except those who submitted a tender declared to be abnormally low.]

Textual Amendments

(1)

[F1Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) ( OJ L 95, 15.4.2010, p. 1 ).]

Textual Amendments