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5.5. Local open tender (for contracts of at least EUR 300 000 and under EUR 5 000 000)

In this case, the publication of a prior information notice is not obligatory and the contract notice is not published in the Official Journal of the European Union, but only in the beneficiary country and on the EuropeAid website with the address from which firms can obtain further information. The contract notice for a local tender must, as a minimum, be published in the Official Journal of the beneficiary country or any equivalent media. Publication is the responsibility of the beneficiary country.

As the cost of publishing the full contract notice in the local media may be high, the template in Annex D3 gives the minimum information which must be included in a local advertisement. However, the full contract notice must be available from the address referred to in the advertisement, together with the tender dossier.

Note that a local open tender procedure must provide other eligible contractors with the same opportunities as local firms. No conditions seeking to restrict the participation of other eligible contractors are allowed (e.g. obliging such firms to be registered in the beneficiary country or to have won contracts there in the past).

In this procedure, there must be a minimum of 60 days between the date of publication of the contract notice in the local press and the deadline for receipt of tenders. However, in exceptional cases, a shorter deadline may be given, subject to prior authorisation of the relevant services of the European Commission.

If it proves impossible to identify potential tenderers in a local open tender procedure, a clarification/correction notice setting out any changes to the tender dossier must be published. The deadline for the submission of tenders may be extended to allow tenderers to take account of the changes. Any clarification given during the tender procedure must be published locally and on the EuropeAid website and a reference to it must be given in the summary contract notice (Annex D3).

The measures applicable to an international open procedure, as described in section 5.3., apply by analogy to the local open procedure. The principal difference is that the minimum number of evaluators in the evaluation committee is three.

EDF-FUNDED PROGRAMMES:

For works contracts of a value of EUR 5 000 000 or less, tenderers from the ACP States, provided that at least one quarter of the capital stock and management staff originates from one or more ACP States, are accorded a 10 % price preference where tenders of an equivalent economic and technical quality are compared.



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