Article 33. Electronic auctions.

1. Contracting authorities and granting bodies may use electronic auctions in which new prices, modified downwards, or new values regarding certain elements of the offers are presented. To this end, contracting authorities and granting bodies structure the auction as an electronic process with successive phases, which occurs after an initial complete evaluation of the offers and allows them to be classified on the basis of automatic processing. Service and works contracts which have as their object intellectual performances, such as the design of works, which cannot be classified on the basis of automatic processing, are not the subject of electronic auctions. 2. In open, restricted or competitive procedures with negotiation or in negotiated procedures preceded by a call for competition, contracting authorities and awarding entities may establish that the award of a contract is preceded by an electronic auction when the content of the procurement documents, in particular the technical specifications, can be fixed precisely. Under the same conditions, they may resort to the electronic auction on the occasion of the reopening of the competitive comparison between the parties to a framework agreement referred to in Article 59, paragraph 4, letters b) and c), and the calling of tenders for contracts to be award under the dynamic purchasing system referred to in Article 32. 3. The electronic auction shall be awarded on the basis of one of the following elements contained in the offer: a) exclusively the prices, when the contract is awarded on the sole basis of the price; b) the price or the new values of the elements of the offer indicated in the tender documents, when the contract is awarded on the basis of the best quality/price or cost/effectiveness ratio. 4. The contracting authorities and the granting bodies shall indicate the use of an electronic auction in the contract notice or in the invitation to confirm interest, as well as, for special sectors, in the invitation to tender when a notice is used for the call for competition on the existence of a qualification system. The tender documents include at least the following elements: a) the elements whose values will be the subject of the electronic auction, provided that these elements are quantifiable so as to be expressed in figures or percentages; b) any limits of the values that may be presented, as they appear in the specifications relating to the subject of the contract; c) the information that will be made available to bidders during the electronic auction and, if applicable, the time at which it will be made available at their disposal; d) the relevant information on the conduct of the electronic auction; e) the conditions under which bidders will be able to re-bid, in particular the minimum differences that may be required for the re-bidding; f) the relevant information on the electronic device used and on the technical connection methods and specifications. 5. Before proceeding with the electronic auction, the contracting authorities and granting entities shall carry out a complete evaluation of the offers in accordance with the established award criterion or criteria and the related weighting. 6. In ordinary sectors, a tender is considered admissible if it has been submitted by a tenderer who has not been excluded in accordance with Articles 94 and 95, who meets the selection criteria referred to in Article 99 and whose tender complies with the technical specifications without being irregular or unacceptable or inadequate, pursuant to paragraphs 8, 9 and 10 of this article. 7. In the special sectors, a tender is considered admissible if it has been submitted by a tenderer who has not been excluded pursuant to article 167, paragraph 1, letter c), which satisfies the selection criteria referred to in the same article 167, paragraph 1, letter d), and whose offer complies with the technical specifications without being irregular or unacceptable or inadequate, pursuant to the paragraphs 8, 9 and 10 of this article. 8. Bids which do not comply with the tender documents, which were received late, in relation to which there is evidence of corruption, extortion or abuse of office or agreement are considered irregular. between economic operators aimed at disrupting the auction, or which the contracting station has judged to be abnormally low. 9. Offers submitted by bidders who do not possess the necessary qualification and offers whose price exceeds the amount placed by the stations are considered unacceptable. contracting bodies and granting bodies on the basis of a tender established and documented before the start of the procurement procedure. 10. An offer is considered inadequate if it has no relevance to the contract and is therefore manifestly inconsistent, without prejudice to substantial modifications suitable to meet the needs of the contracting authority or granting body and the requirements specified in the tender documents. An application for participation is not considered adequate if the economic operator concerned must or may be excluded pursuant to Articles 94 and 95 or Article 167, paragraph 1, letter c), or does not meet the selection criteria established by the contracting authority pursuant to Article 99. 11. All bidders who have submitted eligible offers are invited simultaneously, by electronic means, to participate in the electronic auction using, starting from the scheduled date and time, the connection methods compliant with the instructions contained in the invitation. The electronic auction can take place in several successive phases and does not begin before two working days following the date of dispatch of the invitations. 12. The invitation is accompanied by the result of the complete evaluation of the offer, carried out in accordance with the weighting referred to in article 108, paragraphs 7 and 8. The invitation also specifies the mathematical formula that determines, during the electronic auction, the automatic reclassifications based on the new prices and/or new values presented. Except in the case in which the most economically advantageous offer is identified on the basis of price alone, this formula integrates the weighting of all the criteria established to determine the most economically advantageous offer, as indicated in the tender notice or in other tender documents . To this end, any ranges must be previously expressed with a specific value. Where variants are authorised, a separate formula must be provided for each variant. 13. During each phase of the electronic auction, contracting authorities shall communicate in real time to all bidders at least the information that allows them to know at all times the respective classification. Contracting authorities and granting bodies may, provided that this is provided for in the tender documents, communicate other information regarding other prices or values presented. They can also make known at any time the number of participants in the specific phase of the auction. Under no circumstances may they disclose the identity of the bidders during the phases of the electronic auction. 14. The contracting authorities and granting bodies declare the electronic auction concluded according to one or more of the following methods: a) upon date and time indicated in advance; b) when they no longer receive new prices or new values that meet the requirements of the minimum deviations, provided that they have previously indicated the deadline that they will respect starting from the receipt of the last presentation before declaring it concluded the electronic auction; c) when the previously indicated number of auction phases has been reached. 15. If the contracting authorities and granting bodies intend to declare the electronic auction concluded pursuant to paragraph 14, letter c), possibly in combination with the methods referred to in letter b) of the same paragraph, the invitation to participate in the auction indicates the calendar of each phase of the auction. 16. After having declared the electronic auction concluded, the contracting authorities and the granting bodies award the contract based on its results. EFFECTIVE FROM: 1 July 2023