Negotiated Procedure with prior call for competitionE+W+N.I.
47.—(1) In negotiated procedures with prior call for competition, any economic operator may submit a request to participate in response to a call for competition by providing the information for qualitative selection that is requested by the utility.
(2) The minimum time limit for the receipt of requests to participate shall, in general, be fixed at no less that 30 days—
(a)from the date on which the contract notice is [F1submitted] F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and shall in any event not be less than 15 days.
(3) Only those economic operators invited by the utility following its assessment of the information provided may participate in the negotiations.
(4) Utilities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with regulation 78(3) and (4).
(5) The time limit for the receipt of tenders may be set by mutual agreement between the utility and the selected candidates, provided that they all have the same time to prepare and submit their tenders.
(6) In the absence of such an agreement on the time limit for the receipt of tenders, the time limit shall be at least 10 days from the date on which the invitation to tender is sent.
Textual Amendments
F1Word in reg. 47(2)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 10(32) (with Sch. paras. 3-5)
F2Reg. 47(2)(b) and word omitted (E. N.I.) (25.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), regs. 1(2), 4(9) (with regs. 1(4)(b), 5); and omitted (W.) (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 4(9) (with reg. 5)