Signature and notification

Bidders prepare a commitment document, accompanied by CCAP and CCTP contractual conditions, containing the principle administrative, technical and financial data comprising the tender.

The tender must be signed by the person authorised to commit the responsibility of the tenderer.

Under the call for tenders procedure, once the future contractor has been selected, it is merely necessary for the person responsible for the contract (RPA) to sign the commitment document and proceed with notification of the contract, following the necessary verifications.

Under the negotiated contract procedure, discussions can lead to the modification of tenders. Once the future contractor has been selected, the Administration drafts a document that accurately reflects those points that it has agreed with the contractor following negotiation. This document, once signed by the contractor, serves as the commitment document and CCAP contractual conditions. It is then signed by the RPA following verification.

The agreement of the two parties is formalised in this way. However, the contractor must be advised of this signature, this being the purpose of contract notification, for the contract to become enforceable.

Following signature, the contract is notified to the contractor by the RPA. The notification process involves transmission to the contractor of a single copy of the contract, certified and signed by both the RPA and the contractor, under cover of a recorded delivery registered letter. Alternatively the notification documents can be handed over to the contractor against an official receipt.

The notification date is extremely important. The contract comes into force at this date, and a considerable number of contractual periods are calculated as from this date (execution period, instalment payment dates, etc.).

A single, certified copy of the contract is handed over to the contractor at the time of notification as collateral. Each sub-contractor receives an copy of the contract from the contractor, relating to the relevant part of the contract, as collateral.

In the case of joint contractorship, the official agent receives and hands over a certified copy of the contract, and a single copy as collateral, also certified and limited to the value of its share, to each of the joint contractors.

tThe public contracts code (CMP) prohibits commencement of execution of any contract prior to notification.

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