3.2.4 Model draft tender documents

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The Table below lists the model draft tender documents, given in the Annexes to Chapter 3, for the various types of contracts and award procedures.

ANNEX

TYPE OF CONTRACT TYPE OF TENDER PROCEDURE

3-1

General services  Open procedure

3-2

General services Simplified procedure

3-3

General services Restricted procedure

3-4

Supply and maintenance of IT equipment
(General Conditions of Contract Agreement and Special Conditions of Contract)

3-5

Engineering Consulting Services (General Conditions of Contract)

3-6

General supplies Open procedure

3-7

General supplies Simplified procedure

3-8

General supplies Restricted procedure

3-9

Works Open procedure

3-10

Works Simplified procedure

3-11

Works Restricted procedure

Table 3-15: Model draft tender documents contained in the Annex to Chapter 3

 

Instructions on how to use complete the model draft tender documents

The model draft tender documents contained in the Annex to the present Chapter follow the guidelines and structure presented in Section 3.2.1.

The model draft tender documents were developed with the key aim of covering the most common cases of tender procedure, and serve as key reference texts and useful tools for the award of public contracts by the Contracting Authorities of the Republic of Cyprus.

The use of the model draft tender documents:

Reduces the time and resources which the Contracting Authority must dedicate to the preparation of the tender documents for a specific contract.
Helps create a relevant culture in the employees of the Contracting Authority, and contributes to the acquisition of knowledge and skills regarding the proper preparation of tender documents.
Facilitates the procedures involved in the final check of the tender documents by the competent official of the Contracting Authority, prior to their publication.
Helps create a relevant culture in economic operators, and helps their study of the tender documents and their understand the requirements which are provided for in each case by the Contracting Authority.

Given that the large number of special cases which are likely to arise in the context of public procurement activities does not allow the development of model draft tender documents for each one them, the users of the model draft documents (i.e. the Contracting Authority officials who shall participate in the Procurement Team responsible for preparing the tender documents in each particular case), should study the respective set of model draft tender documents of the Annex and adapt them appropriately, with the aim of covering the specific needs which the Contracting Authority is expecting to address through the particular contract.

In particular, the following should be taken into account in order to ensure that the model draft tender documents are properly used:

 

All model draft documents contain relevant instructions (which may be notes, comments or alternative wordings), which the Procurement Team members should take into account in preparing the tender documents.

In the texts of the model draft documents, instructions are shown inside coloured frames, so that they are:

Easily identifiable, and
Easily removed by the Procurement team members (by deleting the entire frame).

Where the instructions concern clarifications, notes or comments, these are displayed in the same basic typeface as that used for the main text, but in italics for emphasis. In contrast, where the instructions concern an alternative wording of a clause of the model draft documents or new clauses which can be added to the text if the Procurement Team considers this to be advisable, these alternative wordings or new clauses are displayed in the same typeface as that used for the main text, so that they can be used directly without the need for further formatting.

Several of the notes or alternative wordings concern variations of the arrangements, which result from the Law or the Regulations when the contract is entered into in the Water, Energy, Transport or Postal Services Sectors, or when different Contracting Authorities are involved (Government Services, Organisations governed by Public Law, Municipalities, Cyprus Port Authority, Electricity Authority of Cyprus, Water Boards etc.).

Every Contracting Authority, according to its legal status or sector of activity, is advised to adapt once the model draft documents with respect to the specific notes or alternative wordings, so that the documents correspond the specific arrangements applicable in each case. It is obvious that all other instructions should be kept in the model draft documents and should be consulted by the authors of the tender documents in each relevant tender procedure.

Part Α: Instructions to Economic Operators differs very little between the various types of contracts, with the differences concerning mainly the eligibility for participation, the contents of the tenders and the method of their technical evaluation. In all other respects, this document does not change and retains the same organisation of its contents.

The Procurement Team members should study the model draft document and adapt it according to the requirements of the Contracting Authority. The adaptations consist in the following:

Completion, using actual data and information, of the items which in the model document are stated generically (e.g. <name of Contracting Authority>, <closing date for the submission of tenders>, <project budget>, <postal address> etc.).
Selection of the alternative wording suitable in each case, when alternatives are provided.
Removal from the text of the frames containing instructions.

Part Β: Agreement and Special Conditions of Contract differs perceptibly between the various types of contracts, both in the text and in the organisation of its contents.

Other than the adaptations mentioned above (for Part A of the model draft documents), the Procurement Team members should examine particularly the potential need to omit, or make additions to, the last article, entitled “Other Arrangements”.

This article should exist only in cases where the particularities of a specific contract necessitate the modification or omission of one or more of the clauses of Annex I. General Conditions of Contract.

Annex Ι. General Conditions of Contract differs significantly between the various types of contracts.

This model draft document contains only a limited number of instruction frames, which concern exclusively differences due to special arrangements that result from the Law or the Regulations for different Contracting Authorities.

The authors of the tender documents should not make changes to the model draft text of the General Conditions of Contract. They should however study it, to confirm the validity of its contents in relation to the particularities of the specific contract. In the event that a clause must be modified, omitted or added, this should be done by a special reference to be added to the last article, entitled “Other Arrangements”, of Part B of the tender documents.

Annex ΙΙ. Terms of Reference Technical Specifications is essentially a guide which the Contracting Authorities can use to map their requirements correctly, thus helping economic operators understand the environment and scope of the project and offer the most appropriate solutions.

In order to be in a position to prepare correctly this Annex, the Procurement Team must study the relevant guidelines given in paragraphs 3.2.2.1 (Preparing the Terms of Reference) and 3.2.2.2 (Preparing the Technical Specifications).

 

Dealing with special cases

The model draft tender documents cover the majority of cases of public service contracts and public supply contracts.

It is however possible to have cases of contracts which involve a combination of supplies and services: for these contracts, the applicable provisions under the Community law as well as under the law of the Republic of Cyprus provide that they are designated as contracts under one of the two categories, depending on the estimated value of the supplies and services which they involve.

In these cases, the authors of the tender documents may be required to study the model draft tender documents for both categories of contracts and synthesise them, choosing as basic text the one that corresponds to the most important component of the project scope. This basic text should then be enhanced with the inclusion of clauses which the authors of the tender documents will consider necessary from the respective model draft document of the other category.

A typical example of application of this procedure is the model Annex I. General Conditions of Contract for the supply and maintenance of IT equipment, contained in Annex 3-4 to the present Chapter.

This Annex refers to a contract concerning the development of an information system, and contains all individual activities for the supply of products or the provision of services which form an integrated information system and are, as a rule, necessary for its implementation.

This Annex may be used without changes also in the case of IT contracts which do not include all the aforementioned activities. In this case, the Contracting Authority is obliged to indicate, in the article entitled “Other Arrangements” of the Special Conditions of Contract (Part B of the Tender Documents), which of the articles of the Annex do not apply or are modified.

Check and final approval of tender documents

After the Procurement Team, using the model draft documents, completes the preparation of the tender documents, it shall deliver them to the Head of the Contracting Authority for approval by him or through some other predetermined procedure.

Before approval and publication of the tender documents, a final check is recommended to be conducted for verifying the compatibility of the tender documents with the legislative framework in force. To conduct this final check, use of the Checklist given in Annex 3-12 “Template of the Checklist for Verifying the Compatibility of Tender Documents with the Legislative Framework on Public Procurement”.


© 2007 Republic of Cyprus, Treasury of the Republic, Public Procurement Directorate
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