(1)Before publishing a tender notice, a contracting authority may publish a planned procurement notice.
(2)A “planned procurement notice” means a notice setting out—
(a)that the contracting authority intends to publish a tender notice, and
(b)any other information specified in regulations under section 95.
(3)A “qualifying planned procurement notice” means a planned procurement notice published at least 40 days but not more than 12 months before the day on which the tender notice is published.
(4)See section 54(4) for provision for reduced tendering periods in cases where a qualifying planned procurement notice has been published.
(1)Before publishing a tender notice in respect of a public contract, a contracting authority may engage with suppliers and other persons for the purpose of—
(a)developing the authority’s requirements and approach to the procurement;
(b)designing a procedure, conditions of participation or award criteria;
(c)preparing the tender notice and associated tender documents;
(d)identifying suppliers that may be able to supply the goods, services or works required;
(e)identifying likely contractual terms;
(f)building capacity among suppliers in relation to the contract being awarded.
(2)Engagement under subsection (1) is called “preliminary market engagement”.
(3)In carrying out preliminary market engagement, a contracting authority must take steps to ensure that—
(a)suppliers participating in the preliminary market engagement are not put at an unfair advantage, and
(b)competition in relation to the award of the public contract is not otherwise distorted.
(4)Subsection (5) applies if a contracting authority considers that—
(a)a supplier’s participation in preliminary market engagement has put the supplier at an unfair advantage in relation to the award of a public contract, and
(b)the advantage cannot be avoided.
(5)The contracting authority must in relation to the award—
(a)treat the supplier as an excluded supplier for the purpose of—
(i)assessing tenders under section 19 (competitive award), or
(ii)awarding a contract under section 41 or 43 (direct award), and
(b)exclude the supplier from participating in, or progressing as part of, any competitive tendering procedure.
(1)If a contracting authority carries out preliminary market engagement, the authority must—
(a)publish a preliminary market engagement notice before publishing a tender notice, or
(b)provide reasons for not doing so in the tender notice.
(2)A “preliminary market engagement notice” means a notice setting out—
(a)that the contracting authority intends to conduct, or has conducted, preliminary market engagement, and
(b)any other information specified in regulations under section 95.
(1)Before publishing a tender notice in respect of a public contract, a contracting authority must consider—
(a)whether the goods, services or works to be supplied under the contract could reasonably be supplied under more than one contract, and
(b)whether such contracts could appropriately be awarded by reference to lots.
(2)If the contracting authority considers that the goods, services or works could reasonably be supplied under more than one contract and such contracts could appropriately be awarded by reference to lots, the authority must—
(a)arrange for the award of the contract or contracts by reference to lots, or
(b)provide reasons for not doing so.