Notice to be given when Advertising Tenders (by Public Sector and Utility bodies)

Notice to be given when Advertising Tenders (Public Sector and Utility)

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Note that the rules for utilities differ from the rules for the general run of public bodies.
Utilities include many private companies operating under exclusive rights conferred by public bodies
For definitions of Open, Restricted and Negotiated Procedures, PINs, etc see Glossary.

PUBLIC SECTOR BODIES

Open Procedure

Minimum period between despatch of notice to the Official Journal and closing date for the receipt of tenders.
Normal period (no PIN issued)	For all contracts, all public bodies	52 clear days (calendar days)
Period if PIN was issued	For supplies contracts for GATT bodies	52 clear days (calendar days)
Period if PIN was issued	For all others	36 clear days (calendar days)

Restricted Procedure

Requests to Participate

Minimum period between despatch of notice to the Official Journal and closing date.
Whether a PIN was issued or not 37 clear days (calendar days)
Responses to Invitation to Tender

Minimum period between despatch of invitation to tender and closing date.
Period if a PIN was issued 26 clear days (calendar days)
Period if no PIN was issued 40 clear days (calendar days)

Minimum period between despatch of invitation to tender and closing date.
Period if a PIN was issued	26 clear days (calendar days)
Period if no PIN was issued	40 clear days (calendar days)

Negotiated Procedure

Minimum period between despatch of notice to the Official Journal and closing date.
Whether a PIN was issued or not	37 clear days (calendar days)

Note: In the case of a negotiated procedure an invitation may not be issued: e.g. when an open or restricted invitation to tender produces insufficient responses for competitive bidding it is possible to move directly to the Negotiated Procedure without further advertisement.

Accelerated Procedures

The accelerated version of Restricted or Negotiated Procedures may be invoked in cases of genuine urgency. The cause of the urgency must lie outside the control of the body making the purchase.

Minimum period between despatch of notice or invitation and closing date.
Restricted	Seeking requests to participate	15 clear days (calendar days)
Restricted	Seeking tenders from selected bidders	10 clear days (calendar days)
Negotiated	Seeking requests to participate	15 clear days (calendar days)

Note: In the case of accelerated procedures the Official Journal strives to reduce its normal publication lead time, but the delay can still amount to 4-5 days.

UTILITIES

Note that the rules for utilities differ from the rules for the general run of public bodies.

Open Procedure

Minimum period between despatch of notice to the Official Journal and closing date for receipt of tenders.
Normal period (no PIN issued)	For all contracts, all utilities	52 clear days (calendar days)
Period if PIN was issued	For all contracts, all utilities	36 clear days (calendar days)

Restricted Procedure

Requests to Participate

Minimum period between despatch of notice to the Official Journal and closing date.
Whether a PIN was issued or not Minimum of 15 clear days (calendar days) Guideline of 5 weeks
Responses to Invitation to Tender

Minimum period between despatch of invitation to tender and closing date.
Whether a PIN was issued or not Minimum of 10 clear days (calendar days) Guideline of 3 weeks

Minimum period between despatch of invitation to tender and closing date.
Whether a PIN was issued or not	Minimum of 10 clear days (calendar days)	Guideline of 3 weeks

Negotiated Procedure

Minimum period between despatch of notice to the Official Journal and closing date.
Whether a PIN was issued or not	Minimum of 15 clear days (calendar days)	Guideline of 5 weeks

Utilities may maintain lists of qualified suppliers and approach them directly to enter into negotiations without any advertisement appearing in the Official Journal. The establishment of the Qualification System must, however, be advertised. (see data on recently advertised Qualification Systems)

Accelerated Procedures

There are no special rules regarding timing, since time limits for restricted and negotiated procedures are flexible and sufficient account can thus be taken of the need for urgency.

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Updated 01/11/95