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A clarification question is a formal query that either bidders submit to seek additional information about tender requirements, or that contracting authorities ask bidders to explain unclear aspects of their submissions.
A clarification question is a formal query that serves two purposes in UK public procurement: bidders use them to seek additional information about tender requirements during the bidding period, whilst contracting authorities use them to ask bidders to explain unclear or ambiguous aspects of their tender submissions during evaluation.
When preparing tender responses, bidders may encounter unclear specifications, ambiguous evaluation criteria, or missing information that could affect their ability to submit a compliant bid. The Public Contracts Regulations 2015 (regulation 18) establish the framework for information provision, allowing bidders to request clarification through formal channels.
Contracting authorities must respond to clarification requests in a timely manner and share answers with all bidders to maintain transparency and equal treatment. These questions and responses typically become part of the tender documentation, ensuring all potential suppliers have access to the same information. Common clarification topics include technical specifications, delivery requirements, evaluation methodology, and contract terms.
During tender evaluation, contracting authorities may identify aspects of submissions that require explanation without fundamentally changing the bid. Under regulation 56 of the Public Contracts Regulations 2015, authorities can request clarification of 'unclear, imprecise or incomplete' elements of tenders, provided this doesn't result in the submission of new tender documents or substantial changes to the original bid.
These clarifications must not give bidders opportunities to cure fundamental deficiencies or introduce new material that should have been included in the original submission. The process ensures fair evaluation whilst allowing authorities to properly understand tender responses. Typical clarification requests might seek explanation of technical approaches, confirmation of resource allocation, or verification of compliance statements.
Clarification questions from bidders must typically be submitted by specified deadlines, often several days before the tender submission deadline to allow authorities time to respond and circulate answers. Authorities should establish clear channels for receiving questions and set reasonable response timeframes.
For authority-initiated clarifications during evaluation, strict timelines apply to maintain procurement schedule integrity. Bidders must usually respond within short timeframes, typically 2-5 working days, depending on the complexity of the clarification required.
Effective clarification processes require clear communication protocols, documented question-and-answer logs, and consistent treatment of all bidders. Authorities should anticipate common areas of confusion and provide comprehensive tender documentation to minimise clarification needs, whilst bidders should submit questions early enough to allow proper consideration of responses in their tender preparation.