PART 2Scope and principles

CHAPTER 5Principles

Rules applicable to communication29

1

Except where the use of electronic means is mandatory in accordance with regulations 33(1) and 34, contracting authorities and utilities may choose one or more of the following means of communication for all communication and information exchange—

a

electronic means;

b

post or facsimile;

c

oral communication, including telephone, in respect of communications other than the essential elements of a concession contract award procedure, and provided that the content of the oral communication is documented to a sufficient degree on a durable medium;

d

hand delivery certified by an acknowledgement of receipt.

2

The means of communication chosen shall be generally available and non-discriminatory, and shall not restrict economic operators’ access to the concession contract award procedure.

3

The tools and devices to be used for communicating by electronic means, and their technical characteristics, shall be interoperable with information and communication technology products in general use.

4

In all communication, exchange and storage of information, contracting authorities and utilities shall ensure that the integrity of data and the confidentiality of applications and tenders are preserved.

5

Contracting authorities and utilities shall examine the content of applications and tenders only after the time limit set for submitting them has expired.