This is the original version (as it was originally enacted).
(1)A contracting authority may refine an award criterion as part of a competitive flexible procedure if—
(a)the tender notice or associated tender documents provide for the refinement of the criterion, and
(b)the authority is yet to invite suppliers to submit tenders to be assessed under section 19 (award following competitive tendering procedure).
(2)A contracting authority may, in consequence of refining an award criterion under subsection (1), refine the indication of the relative importance of the award criteria under section 23(3)(b).
(3)A contracting authority may not make a refinement under this section if it would result in award criteria that would, had the refinement been made earlier, have allowed one or more suppliers that did not progress beyond an earlier round or selection process to have done so.
(4)A contracting authority must modify and republish or provide again the tender notice and any associated tender documents affected by refinements under this section.
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