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3.3.3. Drafting and content of the tender dossier

Tender documents must be carefully drafted, to ensure that the contract is complete and that the procurement procedure is carried out correctly.

These documents must contain all the provisions and information that candidates need to submit a tender: the procedures to follow, the documents to provide, cases of non-compliance, award criteria and their weightings, etc. When the contracting authority is the European Commission, it may be desirable to involve representatives of the final beneficiaries in preparing the tender at an early stage. See section 2.6. for guidelines on drafting terms of reference. Given the technical complexity of many contracts, the preparation of the tender dossier may require the assistance of one or more external technical specialist(s). Each specialist must sign a Declaration of Objectivity and Confidentiality (see Annex A3).

The contracting authority is responsible for drawing up these documents.

DIRECT MANAGEMENT:

The tender dossier must be approved by the European Commission prior to issue. The standard practice is to consult and obtain the approval of the beneficiary country, and where appropriate of other parties involved, on the tender dossier.

INDIRECT MANAGEMENT WITH EX-ANTE CONTROLS:

The contracting authority must submit the tender dossier to the Delegation of the European Union for approval prior to issue.

INDIRECT MANAGEMENT WITH EX-POST CONTROLS:

No prior approval of the tender dossier by the European Commission is required.

TENDER DOSSIER CONTENT

See Annex B8.

  1. Instructions to tenderers

  2. Draft Contract Agreement and Special Conditions with annexes

  3. Other information (shortlist notice, administrative compliance grid, evaluation grid)

  4. Tender submission form

The tender dossier must clearly state whether or not the tender must be made with firm, non-revisable prices. The prices are usually fixed and not subject to revision, but in specific cases a price revision clause might be justified. If that is the case, the tender dossier must lay down the conditions and/or formulae for the revision of prices in the course of the contract. The contracting authority must then take particular account of:

  1. the nature of the contract and the economic situation in which it is taking place;

  2. the type of tasks and contract and their duration;

  3. its financial interests.

According to the applicable rules, a pre-financing guarantee could be required or not. If so, this must be mentioned in the tender dossier.



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