E-auctions may be used in the open, restricted, negotiated with competition, and for individual awards under frameworks and DPS (Regulation 35(3)-(5)).
E-auctions may only be used where the specification can be established with precision, (and not for contracts involving “intellectual performance”).
E-auctions may be used for revision of prices (usually downward) and /or include values of other elements which can be automatically ranked (Regulation 35(6)).
Procurement documents must include details of how the auction is to be undertaken (Regulation 35(7) and (8)).
The e-auction must follow an initial assessment of tenders against the award criteria (Regulation 35(2)).
The e-auction rules make explicit that unsuitable or unacceptable tenders must not be taken into the e-auction, including tenders which are submitted late, or otherwise do not comply with the procurement documents, or are submitted by suppliers who not meet the exclusion and selection requirements. (Regulation 35 (10)-(13)).
The Regulations set out various conditions for how the e-auction is to be run, how the formula to calculate the most economically advantageous tender may operate, the information which must be provided to bidders, and how the auction may be brought to an end and the contract awarded (Regulation 35(14)-(28)). The identity of tenderers must not be disclosed during the auction.