Art. 74. Electronic availability of tender documents

1. Contracting authorities or contracting entities shall by electronic means offer unrestricted and full direct access free of charge to the procurement documents from the date of publication of a notice in accordance with Articles 70 and 72 or the date on which an invitation to confirm interest was sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which the procurement documents are accessible.

2. Where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered for one of the reasons set out in Article 52, paragraph 1, third period, contracting authorities may indicate in the notice or the invitation to confirm interest that the procurement documents concerned will be transmitted by certified electronic mail or other similar means in the other Member States or, in case of impossibility, by means other than electronic means in accordance with paragraph 4. In such a case, 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 Article 60, paragraph 3, 61, paragraph 6 and 62, paragraph 5.

3. Where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered because contracting authorities intend to apply Article 52, paragraph 2 of this Code, they shall indicate in the notice or the invitation to confirm interest which measures aimed at protecting the confidential nature of the information they require and how access can be obtained to the documents concerned. In such case, 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 Article 60, paragraph 3, 61, paragraph 6 and 62, paragraph 5.

4. Provided that it has been requested in good time, additional information relating to the specifications and any supporting documents shall be supplied by the contracting authorities or contracting entities to all tenderers taking part in the procurement procedure not later than six days before the time limit fixed for the receipt of tenders. In the event of an accelerated procedure as referred to in Article 60, paragraph 3 and 61, paragraph 6 that period shall be four days.