Open Procedures allow any interested party to make a tender. Restritive procedures request invited parties to submit a tender.
Negotiated procedures involve negotiation with a small number of selected tenderers.
- Where no suitable tenders are made, in response to a prior call
- where the contract is for research and development and not for profit,
- where for technical reasons and reasons linked to intellectual property rights, it may only be contracted by an particular business economic operator;
- in cases of extreme urgency arising from unforeseeable events,
- supply contracts for additional deliveries by the original supplier,
- where a change of supplier would require the contracting authority to acquire something having different characteristics, which would result in incompatibility or disproportionate technical abilities;
- for additional works and services not included in the contract but which have become necessary due to unforeseen circumstances where they are awarded to the original contractor and such services cannot be technically or economically separated from the main contract without creating inconvenience to the contracting parties;
- in the case of works contracts where new works, involve repetition of similar works is given to the contractor conforming to the original basic project for which contract was awarded after call for competition;
- for supplies quoted on a commodity market;
- Awards on the basis of a framework agreement, provided the framework agreement has been awarded in accordance with the Directives;
- for bargain purchases where particularly advantageous opportunities are available for a short time, considerably lower than market price;
- For purchases under particularly advantageous from a supplier winding up, ceasing business;
- where the service contract is part of a design contest organised in accordance with the Utilities Directive, in accordance with rules, to be awarded to the winner if there are more than one, each must be invited
In each of the above cases, a procedure may be used without a prior call for competition.
A Framework Agreement may be awarded in accordance with the Directive and subsequent contracts based on it may be made without a prior call.
Dynamic Purchasing Systems
Dynamic purchasing systems are a wholly electronic system for purchase of products which are available on standard terms and specification. It must be open to any party who satisfies criteria, complies with the specification and furnishes an indicative tender to participate. The system is run by the awarding authority. The system may not last for more than five years generally.
Notice must be given establishing a dynamic purchasing system. It must indicate in the specifications, the nature of the purchases and other key infomration, necessary information on electronic equipment used and technical connectivity issues. It must offer electronically on publication of notice, unrestricted access to the specifications and procurement documents.
Electronic signatures must conform to the Commerce Directive. The time and date of tenders must be determined precisely. Access may not be allowed before time limits. The integrity of data and confidentiality of tenders must be preserved.
Provided a business meets the selection and qualification criteria, submits aa conforming indicative tender, it must be admitted to the system. Permission or refusal of the indicative tender must be communicated at an early date.
The invitation to furnish an indicative tender follows a contract notice inviting indicative tenders within 15 days. All indicative tenders received must be considered. After evaluating the tenders and admitting them to the system, tenders must be invited from all those admitted for each specific contract. Tenders should be evaluated in accordance with general principles and the criteria set out in the contract notice.
An electronic auction is a process to establish a price or elements of a price after the initial evaluation of tenders to enable them to be ranked. It allows price determination and is conducted electronically. It h takes place after initial evaluation of tenders so as to allow them to be ranked using authomatic evaluation. ,
In the case of contracts to be awarded under dynamic purchasing systems, the intention to hold an electronic auction must be indicated in the contract notice. It may be determined that the award of a contract is to be proceeded by an electronic auction.
The specification must be precise and include
- the elements or features, value for which is the subject of the auction
- any limits that may be submitted on the valueis submitted.
- information which is to be made available in the course of the auction,
- conditions under which tenderers may bid,
- conditions of bidding.
All tenderers who have submitted admissible tenders must be invited to participate electronically to submit prices or values, They may be phased.
The formula or criteria and weighting to be used determining the economically most advantageous tender must be provide for each phase of the electronic auction. Tenderers must be given information to allow them know their relative rankings at that point.
The auction may be closed in circumstances set out in the initial invitation. It may be closed where there was no further bid, in accordance with the bid rules or after a fixed phase or number of phases has been completed.
Awarding authorities must award the contract solely on the basis of price and lower tender or on price and other values indicated in the specification, where the contract is to be awarded on the basis of the most economically advantageous tender.
The criteria must be published, and relative weighting be specified.
Design contests are procedures to choose a plan or design following a competition commonly used in planning, engineering and architecture. They may be part of a procurement procedure leading to the award of a service contract.
A design contest is notified in the original notice. Notice must give particulars of the contracting authority, the project concerned and whether it is open or restricted. In the case of an open procedure, the time limit for submission; in the case of the restricted procedure , numbers of participants, their names, if selected, criteria for their selection and time limits for requests to participate.
It should be indicated
- whether participants must hold a particular professional qualification.
- the criteria to be applied,
- names of juries determining the matter,
- number and values of prizes,
- payments to be made.
It must be set out whether the contract is to be awarded to the winner or winners of the contest.The results must be published, setting out clear information including particularly the winners’ prizes.
The admission to contest must not be based on territory or requirements under the domestic law regarding the form of organisation of the entity involved.
The jury should consist of persons who are independent of the participant. Where participants must have a professional qualification, a third of the members of jury must have that qualification or equivalent.
The jury’s decision should be unanimous. They should examine the submissions anonymously on the basis of the criteria. They should record their rankings together with remarks. andidates may be asked to clarify their submissions.The integrity of the process must be upheld.
Contracting authorities may make the award on the basis of the lowest price or most economically advantageous tender. The most economically advantageous tender is that from the awarding authority’s perspective, which is most advantageous as to the relevant criteria such as quality, aesthetics, efficiency, after sales service, time scales and other factors.
What constitutes the most economically advantageous, must be specified in the contract notice or document by reference to the relative weighting given to the criteria to determine the most economically advantageous tender. Where a weighting is not possible, the criteria should be ranked in order.
Where a tender is abnormally low, the awarding authority must request breakdown as to its elements before it rejects it. Publication may include the economics of the tender, compliance with legislation and standards including employment legislation and State aid rules.