Regulation 59. Prior involvement of candidates or tenderers

(1) Where a candidate or tenderer or an undertaking related to a candidate or tenderer has advised the contracting authority or the authority responsible for the tendering process, whether in the context of regulation 47 or not, or has otherwise been involved in the preparation of the procurement procedure, the contracting authority or the authority responsible for the tendering process shall take appropriate measures to ensure that competition is not distorted by the participation of that candidate or tenderer.

(2) Such measures shall include the communication to the other candidates and tenderers of relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.

(3) Prior to any such exclusion, candidates or tenderers shall be given the opportunity to prove that their involvement in preparing the procurement procedure is not capable of distorting competition. The measures taken shall be documented in the individual report required by regulations 113 or 241, as the case may be.