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Chapter VIII - Additional Information and On-The-Site Inspection (56. §)

56. §

1.    In order to submit an appropriate tender or request to participate, any economic operator being a potential candidate or a potential tenderer in a given procurement procedure may ask in writing from the contracting authority or the authority designated by it additional information concerning the contents of the procurement documents.

2.    The additional information shall be given within reasonable time after the reception of the request, but not later than six days, in the case of accelerated procedures not later than four days, in negotiated procedures without the publication of a contract notice not later than three days before the expiry of the time limit for submission of tenders, and in the participation stage of the procurement procedures not later than four days before the expiry of the time limit for submission of requests to participate.

3.    If the request for additional information has been submitted later than the fourth day, in an accelerated procedure or a negotiated procedure without the publication of a contract notice the third day preceding the time limit for the sending of the answer set out in paragraph 2, the contracting authority is not obliged to provide additional information.

4.    If the contracting authority cannot provide the additional information within the time limit set out in paragraph 2, or it modifies the procurement documents at the time of the provision of additional information, Article 52(4) and (5) shall apply.112

5.    The provision of additional information shall not prejudice the equal opportunities of economic operators. The full contents of the information shall be made available or sent to all the economic operators which expressed their interest in the procedure to the contracting authority, in the participation stage of procedures consisting of more than one stage and in negotiated procedures without the publication of a contract notice all the economic operators invited directly to submit a tender or request to participate. In the course of the provision of additional information the contracting authority does not disclose which of the economic operators asked for the information, and which of the economic operators received the answer in addition to the economic operator who asked for the information.

6.    Additional information may also be provided in the form of consultation. In that case, the time and place of the consultation shall be indicated in the notice launching the procedure. Minutes shall be taken on the consultation to be forwarded or made available by electronic means within five days thereof to the economic operators defined in paragraph 5.

7.    Paragraph 6 shall be applicable also to additional information provided during on-the-site inspections and site visits.