At this particular point in the public procurement process, the Contracting Authority, after it has completed the determination of the Project’s key elements (preparation of a Project Fiche), and after it has taken the strategic decisions regarding the award of the contract, is now ready to draw up the tender documents, which will be used for notifying the economic operators of its intention to award the contract and to invite them to submit tenders.
The phase of preparation of the tender documents is extremely important, as it determines the terms of the tender procedure, as well as the terms for execution of the contract. The tender documents should give a detailed and clear picture of the way in which the Contracting Authority shall implement its strategic choices regarding the procurement procedure.
The tender documents should conform to the national institutional framework in force on public procurement, and should be governed by the principles of non-discrimination, mutual recognition, transparency and equal treatment.
The institutional framework in force, at both the Community and the national level, does not provide specific model documents to be used as references in drawing up the tender documents. It does however specify the minimum information which tender documents must contain. The Public Procurement Directorate, in the context of its responsibilities regarding the preparation of model documents with the aim of ensuring a more effective application of the legislation on public procurement, has established model draft tender documents for various types of procedures and contracts, and recommends their use by the Contracting Authorities. The model draft tender documents are presented in Section 3.2.4.
The model draft tender documents represent key reference texts, while at the same time they function as crucial tools for the award of public contracts by the Contracting Authorities of the Republic of Cyprus.
For the preparation of the tender documents, the Contracting Authority must establish the Procurement Team (or assign their preparation to a competent official), which shall undertake this task. Guidelines on the appointment of Procurement Team members are given in Chapter 2 (paragraph 2.5.1: Appointment of the Procurement Team). The responsibilities of the Procurement Team also include the provision of clarifications and additional information following the recommendations, remarks or comments made by the interested economic operators on the tender documents. The members of the Procurement Team should have knowledge of the following subjects:
|●||Technical knowledge related to the contract scope.|
|●||The legislative framework on public procurement.|
|●||The procedures for the award of public contracts.|
In drawing up the tender documents, the Procurement Team will rely on:
|•||The Project Fiche – if it has been considered necessary to establish one. |
|•||The model draft tender documents presented in paragraph 3.2.4 of the present Guide.|
|•||The knowledge and experience of its members.|
The tender documents should be drawn up with particular attention and diligence, as omissions or ambiguities in them may result in:
|●||The need for additional work by the Procurement Team, for preparing and notifying to the economic operators clarifications on the documents. |
|●||Delays in conducting the tender procedure, if the corrections on the documents are judged to be substantial and the tender procedure has to be repeated.|
|●||Delays and difficulties in conducting the evaluation.|
|●||Delays in concluding of the tender procedure, due to the submission of appeals by interested economic operators.|
|●||Cancellation of the tender procedure, if the decision regarding a recourse to the Tenders Review Authority filed by an interested party against an act of decision of the Contracting Authority is unfavourable for the latter, thus making it impossible for the tender procedure to continue. |
Concurrently with the tender documents, the Procurement Team should also prepare the special “Contract Notice” form (if required, depending on the contract budget), which must be dispatched for publication to Supplement S to the Official Journal of the EU and to the Official Gazette of the Republic of Cyprus. Specific instructions on how to prepare these forms are given in Section 3.3.5.
Once the tender documents and the contract notice have been prepared, the Procurement Team delivers the documents to the Head of the Contracting Authority for approval. Approval can also be obtained through some other predetermined procedure.
To facilitate the verification of the conformity of the tender documents to the institutional framework in force, use of the checklist referred to in Section 3.2.4, is recommended.