S.L. 601.3 Art. 51Electronic catalogues.

(1) Where the use of electronic means of communication is required, the authority responsible for the tendering process may require tenders to be presented in the format of an electronic catalogue or to include an electronic catalogue.

(2) Tenders presented in the form of an electronic catalogue may be accompanied by other documents, completing the tender.

(3) Electronic catalogues shall be established by the candidates or tenderers with a view to participating in a given procurement procedure in accordance with the technical specifications and format established by the contracting authority.

(4) Electronic catalogues shall comply with the requirements for electronic communication tools as well as with any additional requirements set by the contracting authority in accordance with regulation 48.

(5) Where the presentation of tenders in the form of electronic catalogues is accepted or required, the authority responsible for the tendering process shall:

(a) state so in the contract notice;

(b) indicate in the procurement documents all the necessary information pursuant to regulation 48(12) concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the catalogue.

(6) Where a framework agreement has been concluded with more than one economic operator following the submission of tenders in the form of electronic catalogues, the authority responsible for the tendering process may provide that the reopening of competition for specific contracts takes place on the basis of updated catalogues. In such a case, the authority responsible for the tendering process shall use one of the following methods:

(a) invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or

(b) notify tenderers that they intend to collect from the electronic catalogues which have already been submitted the information needed to constitute tenders adapted to the requirements of the contract in question; provided that the use of that method has been announced in the procurement documents for the framework agreement.

(7) Where authorities responsible for the tendering process reopen competition for specific contracts in accordance with sub-regulation (6)(b) they shall notify tenderers of the date and time at which they intend to collect the information needed to constitute tenders adapted to the requirements of the specific contract in question and shall give tenderers the possibility to refuse such collection of information.

(8) Authorities responsible for the tendering process shall allow for an adequate period between the notification and the actual collection of information.

(9) Before awarding the contract, authorities responsible for the tendering process shall present the collected information to the tenderer concerned so as to give it the opportunity to contest or confirm that the tender thus constituted does not contain any material errors.

(10) Authorities responsible for the tendering process may award contracts based on a dynamic purchasing system by requiring that offers for a specific contract are to be presented in the format of an electronic catalogue.

(11) Authorities responsible for the tendering process may also award contracts based on a dynamic purchasing system in accordance with sub-regulation (6)(b) and sub-regulations (7), (8) and (9) provided that the request for participation in the dynamic purchasing system is accompanied by an electronic catalogue in accordance with the technical specifications and format established by the contracting authority.

(12) For the purposes of sub-regulation (11), the catalogue shall be completed subsequently by the candidates, when they are informed of the contracting authority’s intention to constitute tenders by means of the procedure set out in sub-regulation (6)(b).

Time Limits and Technical Specifications