Regulation 244. Variants

(1) For tenders having an estimated value which falls under the provisions of regulation 9(1)(b), contracting authorities may authorise or require tenderers to submit variants. They shall indicate in the contract notice whether or not they authorise or require variants. Variants shall not be authorised without such indication and shall be linked to the subject-matter of the contract.

(2) Contracting authorities authorising or requiring variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation, in particular whether variants may be submitted only where a tender, which is not a variant, has also been submitted. They shall also ensure that the chosen award criteria can be applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.

(3) Only variants meeting the minimum requirements laid down by the contracting authorities shall be taken into consideration.

(4) In procedures for awarding public supply or service contracts, contracting authorities that have authorised or required variants shall not reject a variant on the sole ground that it would, where successful, lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract.