In each of the procedures there are minimum timescales laid down regarding publication of notices, invitation of tenders, receipt of documentation etc. When setting time-limits for the receipt of tenders and requests to participate, it is necessary to take into account the complexity of the contract and the time required for drawing up tenders.
The timescales state the minimum number of ‘calendar’ and not working days. If the closing day is a public holiday or weekend, the closing date should be extended to the first available working day.
If there is a delay between the creating of the contract notice and its despatch to the OJEU, the start date upon which the submission date(s) is based will be the date of despatch of the notice to the OJEU and not the date the advertisement was generated.
It is important to remember that the timescales given to potential tenderers must be reasonable and that although shortened timescales may be available, that does not mean that they should necessarily, be applied automatically.
Note also, some Member States have received infringement notices regarding 'insufficient' advertising in respect of requirements that do not expressly fall within the EU legislation. Therefore, regardless of the estimated value of a requirement, the level of advertising used must be adequate to ensure competition.
The minimum timescales vary with the procedure used.
For the open and restricted procedures, timescales may be shortened when notices are compiled and transmitted electronically (to the OJEU) and when there is "unrestricted and full direct access" by electronic means to the tender documentation by any potential tenderers.
The timescales for each procedure are:
- PIN notices
- Open
- Restricted
- Accelerated Restricted
- Competitive dialogue
- Negotiated
- Accelerated Negotiated
- Contract Award Notice
- Extreme Urgency
- Non-Mandatory Contract Notices
- Electronic issue of documents not available
- Summary of timescales
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