4.2.1 Opening procedure

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Opening of the tenders submitted by the economic operators participating in the tender procedure, or sent and received, within the specified time limit, is carried out by the Competent Body for the Opening of Tenders as soon as possible after the expiry of the deadline for the submission of tenders and, where the tender documents contain a relevant provision thereto, immediately after the expiry of the said deadline.

According to the provisions of the relevant Regulation the tenders are opened in the presence of the persons authorised to attend this procedure.

According to the provisions of the relevant Regulations, upon opening the tenders a copy of all tenders submitted is kept by the authorized competent body while the remaining copies together with the original are handed over to the representative of the Contracting Authority or of the Competent Body for the Evaluation of Tenders as the case may be. Where according to the Tender Documents, tenders should be submitted in two separate sub-envelops then during the procedure for the opening of tenders, the outer envelope of each tender is opened and, the sub-envelope containing the supporting documents for participation and the technical offer is also opened. The sub-envelope containing the financial offer is kept by the Chairman of the Competent Body or by the Head of the Contracting Authority, and is unsealed at a later time, provided that it has not been rejected during the qualitative selection and technical evaluation stages. With regard to the tender procedures in which according to the tender documents a single envelope is foreseen, the envelope unsealed is the envelope which also contains the financial offer.

The representatives of the economic operators who have submitted a tender are entitled to attend the opening of the tenders, whenever this is provided for in the tender documents.

A prerequisite for the presence of representatives of the economic operators in the procedure for the opening of tenders is the production, upon their arrival at the place where the tender procedure is conducted, of a relevant authorisation by the tenderer or its legal representative.

The presence of representatives of the tenderers during the opening of the tenders lends status to the evaluation procedure, minimises the likelihood of suspicion or mistrust among the parties and mitigates to a great extent the risk of recourses being filed or of the tender procedure being contested until its completion. However, if the opening procedure is attended by representatives of the tenderers, the persons authorised to open the tenders should be prepared to act as catalysts to resolve problems, should any arise.

More specifically, the authorised persons must act in accordance with the guidelines outlined in the Table below:

 

ACTIONS BY THE COMPETENT BODY FOR THE OPENING OF TENDERS

1

Briefing of attending representatives, before commencement of the opening procedure, on the procedure to be followed during their presence in the room, as well as about the exact point in time when they will be asked to leave the room.

2

Announcing to the attending representatives that no verbal interventions, references or comments on the procedure are accepted.

3

Refraining from responding to all cases of verbal intervention or comment attempted by any one of the representatives, taking nevertheless note of such intervention or comment in order to examine the need to have them further investigated at the next stage of the evaluation.

4

Encouraging the attending representatives to communicate in writing to the Contracting Authority any significant, in their judgment, matters of which they have become aware by attending the opening procedure.

 

The presence of representatives of various economic operators who are competitors in a specific market may prove particularly useful in the evaluation procedure. For example, the representatives may be aware from their participation in other similar tender procedures conducted by other Contracting Authorities –possibly in other Member States of the EU– of any breach or non-proper execution of a contract awarded to a particular economic operator, to such extent that the performance guarantee of that operator has been forfeited or that the operator has been declared in default by the Contracting Authority. In this case, the written notification of the Contracting Authority in accordance with point (4) of the above table, shall enable the Competent Body for the Evaluation of Tenders, once it has verified the validity of the allegations, to reject the participation of the economic operator not meeting a specific participation requirement, regardless of whether or not the problematic economic operator has submitted a solemn declaration stating that no such impediment exists.


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