Procurement in a nutshell – time limits

The full regulations are available here.

To save you time and to help all practitioners, each week we will issue succinct notes on key changes.

What’s New?
The Public Contracts Regulations 2015 set out timescales for each Part II procedure:

Open Procedure

• Minimum time limit for receipt of tenders is usually 35 days from date of Contract Notice.
• Can be shortened to 15 days if a Prior Information Notice (PIN) is used (where the PIN is not as a call for competition and if published between 35 days and 12 months before the Contract Notice).
• In case of urgency, can be shortened to not less than 15 days.
• 35 day time limit can be shortened by 5 days if tenders can be submitted by electronic means.

Restricted Procedure

• Minimum time limit for requests to participate is usually 30 days from date of call for competition (PIN or Contract Notice).
• Minimum time limit for receipt of tenders is usually 30 days from the date the invitation to tender is sent (unless the contracting authority  is a sub central contracting authority – see below).
• Time limit for receipt of tenders can be shortened to 10 days if a PIN is used (where the PIN is not as a call for competition and is published between 35 days and 12 months before the Contract Notice).
• In case of urgency, 30 day time limits can be shortened to not less than 15 days for requests to participate and 10 days for receipt of tenders.
• 30 day time limit for receipt of tenders can be shortened by 5 days if tenders can be submitted by electronic means.

Competitive Dialogue
Minimum time limit for requests to participate is usually 30 days from date of Contract Notice.

Competitive Procedure with Negotiation

• Minimum time limit for requests to participate is usually 30 days from date of call for competition (PIN or Contract Notice).
• Minimum time limit for receipt of initial tenders is usually 30 days from the date the invitation to tender is sent (unless the contracting authority  is a sub central contracting authority – see below).
• 30 day time limit of for receipt of initial tenders can be shortened to 10 days if a PIN is used (where the PIN is not as a call for competition and is published between 35 days and 12 months before the Contract Notice).
• 30 day time limit for receipt of tenders can be shortened by 5 days if tenders can be submitted by electronic means.
• In case of urgency, 30 day time limits can be shortened to not less than 15 days for requests to participate and 10 days for receipt of tenders.

Innovation Partnership
Minimum time limit for receipt of requests to participate is 30 days.

Light Touch Regime
All time limits imposed must be reasonable and proportionate.

Sub central Contracting Authorities

• For restricted procedure and competitive procedure with negotiation, sub central contracting authorities can agree time limits for receipt of (initial) tenders by agreement with tenders.
• In absence of agreement, the time limit must not be less than 10 days.

Why is it important?
Contracting Authorities (CAs) need to be aware of new and different time limits that apply to the procedures that existed under the Public Contracts Regulations 2006. CAs will also need to be aware of the time limits that apply under the new regulations.

Even where no minimum time limits are set, CAs will be expected to take account of the complexity of the proposed contracts and give tenderers adequate time to prepare their tenders. CAs will also need to comply with the general principles in relation to time limits set out under reg 47.

How can I find out more?    
If you have any queries on the issues raised or on any aspect of procurement, please contact us via our procurement hotline on 0191 204 4464.