Classification and selection of bids

The administration must examine each tender, and compare it with all the other tenders. Selection must be based on objective criteria, associated with the purpose and conditions for execution of the contract.

The authority with delegated powers to award government contracts is the Contract Supervisor (RPA).

Tender mechanism

Under the Public Contract Code (CMP), the role of the Tender Board is as follows:

  For an open call for tenders, the Tender Board (CAO) expresses its opinion about the selection of applicants, the elimination of non-compliant bids, the selection of the economically most advantageous bid, and the declaration that the call for tenders is void,

  For a restricted call for tenders, the Tender Board gives an opinion about the list of suitable tender applicants, proposes the elimination of non-compliant bids, and expresses its opinion on the selection of the most economically advantageous bid. It also offers the RPA a statement declaring the call for tenders void, if appropriate.

  For a negociated contract, the Tender Board gives its opinion about the choice of the selected tender

  For competitive dialog procedure, a special Tender Board for this procedure hears the Contract Supervisor (RPA) repport about the way the dialog went and the issues discussed with tenders. Its proposes a ranking of the bids and gives its opinion about the choice of the selected tender.

The Tender Board acts in a consultative capacity only.

The Board also has an administrative role in respect of the following :

  Opening of tender bids,
  Writing of minutes.

Tender award criteria

The administration is free to select the tender that it considers to be economically most advantageous.

Selection must be based on objective, non-discriminatory criteria.

To comply with the principle of transparency, the administration must define its criteria, and announce these to the applicants prior to the call for tenders.

The CMP lists the following criteria :

  Operating cost,
  Technical worth,
  Completion time,
  Aesthetic and functional qualities,
  Cost-effectiveness,
  After-sales service and technical assistance,
  Delivery date and period,
  Price of the goods and services,
  Innovating aspects,
  Envirronment protection aspects.

Other criteria may be added.

Selection criteria must appear in the AAPC or tender conditions. These criteria must be balanced or, if needed, graded (in ascending order ofpriority). It must be possible to justify the selection criteria by reference to the objective of the contract or the conditions imposed on its execution.

Assessing the tenders

The tender must be a response to the needs expressed by the public authority, as expressed in the specifications or the tender conditions.

However, the CMP makes provision for companies to suggest changes, on their own initiative, to certain specification aspects of the goods or services described in the specifications, which could result better technical performance or economic savings.

Such proposals must be submitted at the same time as the basic tender.

Tender selection

If no tender appears acceptable, the RPA, acting on advice orproposal of the Tender Board, can declare the call for tender void (only calls for tender procedures can lead to a void declaration)

The RPA can then:

  Either restart the call for tenders procedure,
  Or resort to the negotiated contract procedure with competition, provided the initial specifications are not modified. This procedure involves publication of an announcement, unless the RPA decides to negotiate with all those applicants selected to submit bids.

The RPA may also terminate a call for tenders for reasons of generalinterest.

In this case, the RPA must issue a new call for tenders if it wishes to restart the procedure.

Informing bidders

When it has made its selection of applications or tenders, the RPA must advise all other applicants or bidders that they have beenunsuccessful. .

The RPA has to state the reasons for rejecting a particular application orbid to any tender asking for it. The RPA has a period of fifteen days from receipt of the request to comply with this obligation.

The RPA must also advise applicants as soon as possible of the reasons why a contract has not been awarded or allocated, or why the procedure is being restarted. If an applicant so desires, this information must be inwriting.

However, the RPA may not release information the disclosure ofwhich:

  Would be against the law,
  Would not be in the public interest,
  Would prejudice the legitimate commercial interest of companies,
  Might damage fair competition between companies.

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