Q&As

Are there any best practice tips for contracting authorities in relation to their duties to make procurement documentation available electronically under the Public Contracts Regulations 2015?

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Produced in partnership with Mark Bassett of Dentons UKMEA LLP
Published on LexisPSL on 24/10/2016

The following Public Law Q&A Produced in partnership with Mark Bassett of Dentons UKMEA LLP provides comprehensive and up to date legal information covering:

  • Are there any best practice tips for contracting authorities in relation to their duties to make procurement documentation available electronically under the Public Contracts Regulations 2015?

A well-known problem amongst procurement professionals is the difficulty presented by the obligation under regulation 53 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (PCR 2015, SI 2015/102, reg 53), to make available the 'procurement documents' at the point at which a public contract is advertised in the Official Journal of the European Union (referred to as the Official Journal, or OJEU):

‘Contracting authorities shall, by means of the internet, offer unrestricted and full direct access free of charge to the procurement documents from the date of the publication in the Official Journal of a notice sent in accordance with regulation 51 or the date on which an invitation to confirm interest is sent.’

The question most frequently asked, in the context of public procurement under the restricted procedure (and other procedures where there is a pre-qualification stage before the contract award stage) is whether the invitation to tender and specification documents need to be available at the point the contract advertisement is published in the OJEU.

PCR 2015, SI 2015/102, reg 2 provides that:

‘“Procurement document” means any document produced or referred to by the contracting authority to describe or determine elements of the procureme

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