The open, restricted, competitive dialogue, and, as a general rule, negotiated procedures require the contracting authority to publish a contract notice in the OJEU, stating its intention to seek offers in respect of the requirement that has been identified. Minimum timescales by which interested parties have to either express an interest in participating in the tender, or make a tender submission will be stated in the contract notice. A summary of the minimum timescales for each procedure may be found here.
The advertising requirements for a dynamic purchasing system are different in that a contract notice is published to inform that a dynamic purchasing system is to be set up. Later, as each need arises, a simplified notice is published.
The contracting authority cannot publicise the contract in its local or national press before it has been despatched to the OJEU. Such publications must not contain any more information than was contained in the OJEU contract notice.
A contracting authority should give notice of its proposed tendering activity where the estimated value of the planned requirements exceeds the EU thresholds. The notification shall be either by publishing a Prior Information Notice in the OJEU or in the contracting authority’s "Living PIN". Publication of a PIN or use of the Living PIN is compulsory where the contracting authority wishes to take the option of shortening the timescales.
Note: When publishing a contract notice in the OJEU and quoting a URL where the economic operator will obtain the tender documentation, this link must go directly to the the additional information that specifically relates to the contract opportunity and not be used as a means of advertising an intermediary's services and/or soliciting registration with the intermediary. OGC has published further information on providers of this type of service, called Use of Intermediaries [pdf 90kb]
Non-EU requirements
Recent rulings by the European Commission have stated that advertising must be sufficient to ensure adequate competition for requirements falling outside the remit of the European Public Procurement Legislation.
Many institutions use contracts finder to satisfy the sufficient advertising requirement.
Note: Contract award notices must be published for all contracts awarded for goods, services and works where their values exceed the prescribed thresholds.
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