Variant offers and division of the contract into lots
1. The contracting authority shall indicate in the notice launching the procedure whether or not the submission of variant offers is permitted or prescribed. When permitting or prescribing the submission of variant offers, the contracting authority shall indicate in the contract notice whether a variant offer may only be submitted in the case of a tender, which may not be regarded as a variant.
2. The contracting authority shall state in the procurement documents the minimum requirements to be observed by the variant offers and any specific requirements therefor. There shall be no requirement for the variant offers which is not linked to the subject-matter or the contract [Article 76(7)]. The award criteria shall be set in such a way as to make it possible for the contracting authority to apply them to the variants and also to the tenders which are not regarded as variants.
3. The fact that, in the case of the acceptance of a variant offer, the subject-matter of the public procurement would qualify as a public service contract instead of a public supply contract, or as a public supply contract instead of a public service contract, shall not affect the suitability of any variant offer.
4. The contracting authority shall verify whether the nature of the subject-matter of the procurement and the other circumstances linked to the contract allow division into lots. If the contracting authority does not allow the division of the contract into lots, it shall give the justification for doing so in the notice launching the procedure.
5. In case of division into lots, the notice launching the procedure shall stipulate which elements of the subject-matter of the public procurement may be divided into lots for the submission of tenders or requests to participate. If the contracting authority allows the division of the public procurement into lots, the estimated value, the subject-matter and the quantity of the procurement shall be defined separately for each lot.
6. Contracting authorities shall indicate in the notice launching the procedure, whether tenders (requests to participate) may be submitted for one, several or all of the lots. Contracting authorities may, even where tenders may be submitted for several or all lots, limit the number of lots that may be awarded to one tenderer, provided that the maximum number of lots per tenderer is stated in the notice launching the procedure. In this case contracting authorities shall indicate in the procurement documents the objective and non-discriminatory criteria they intend to apply for determining which lots will be awarded where the application of the award criteria would result in one tenderer being awarded more lots than the maximum number. Where a given lot shall not be awarded to a tenderer, the tenderer whose offer was ranked second shall be the winning tenderer.