Regulation 72. Electronic availability of procurement documents

(1) Contracting entities shall by electronic means offer unrestricted and full direct access free of charge to the procurement documents, with an estimated value which falls under Schedule 5, from the date of publication of a notice in accordance with regulation 66 or the date on which an invitation to confirm interest was sent.

(2) Where unrestricted and full direct access free of charge by electronic means to certain procurement documents, with an estimated value which falls under Schedule 5, cannot be offered for one of the reasons set out in regulation 70(3), contracting entities may indicate in the notice or the invitation to confirm interest that the procurement documents concerned will be transmitted by other means than electronic means.

(3) In the cases mentioned in sub-regulation (2) the time limit for the submission of tenders shall be prolonged by five days, except in cases of duly substantiated urgency referred to in regulation 91(3).

(4) With regard to tenders with an estimated value which falls under Schedule 5 where unrestricted and full access free of charge by electronic means to certain procurement documents cannot be offered because contracting entities intend to apply regulation 62(3), they shall indicate in the notice or the invitation to confirm interest or, where the means of calling for competition is a notice on the existence of a qualification system, in the procurement documents, which measures aimed at protecting the confidential nature of the information they require and how access can be obtained to the documents concerned.

(5) In the cases mentioned in sub-regulation (4), the time limit for the submission of tenders shall be prolonged by five days, except in the cases of duly substantiated urgency referred to in regulation 91(3).

(6) Where the means of calling for competition is a notice on the existence of a qualification system, such access shall be offered as soon as possible and at the latest when the invitation to tender or to negotiate is sent. The text of the notice or of those invitations shall specify the internet address at which the procurement documents are accessible.