Modification of the invitation and other procurement documents, furthermore, the tender and the request to participate
1. If the contracting authority intends to modify the contents of an invitation (including the extension of the time limits) published in a notice, it shall have the right to modify the terms specified in the invitation by the publication of a notice. The notice shall contain a reference, to the fact that the other procurement documents were also modified. (This amendment entered into force on 1 January 2017.)
2. The notice modifying the invitation shall be dispatched until the expiry of the time limit to submit tenders or, in the participation stage of a procedure consisting of more than one stage the time limit for participation; furthermore, before the expiry of the original time limit, the contracting authority shall inform simultaneously the economic operators who have expressed their interest in the procedure - in particular those who electronically accessed the procurement documents or asked for additional information – on its intent of modification as well as on the dispatch of the modifying notice. No measure or decision shall be taken and no documents shall be submitted in the procurement procedure before the publication of the modifying notice. (This amendment entered into force on 1 January 2017.)
3. If the contracting authority intends to modify the contents of an invitation in relation to which no notice was published or the contents of any other procurement document which was not published, economic operators who were invited to submit a tender or, in case of a direct invitation to participate, those invited to participate, as well as those who have expressed their interest in the procedure shall be informed of the modification directly, at the same time, in the case of an invitation to tender and procurement documents related to the tendering stage until the expiry of the time limit to submit tenders, while in the case of an invitation to participate and procurement documents related exclusively to the participation stage until the expiry of the time limit for participation.
4. The contracting authority shall make the modifications of the procurement documents available directly, electronically, at the same place as the original documents.
5. In the participation stage of the restricted procedure, the elements of the invitation to tender or the procurement documents which have already been included in the invitation to participate may not be modified.
6. The modification of the invitation and the other procurement documents shall not have the effect of modifying the subject-matter or the terms of the contract to such an extent that the knowledge of the new conditions could have substantially influenced the decision of the economic operators concerned as to whether they can submit a request to participate or a tender in the procurement procedure or, in light of the change, the suitability criteria should have been established by the contracting authority in such a way that more economic operators could have participated in the procedure.
7. The tenderer and the candidate shall have the right to modify its tender or request to participate by submitting a new tender or request to participate, until the expiry of the time limit to submit tenders or time limit for participation. In such cases, the tender or request to participate which was submitted first should be considered as withdrawn.