Utilities Notice Requirements

Publicity and advertising.

Periodic indicative notices are sent to publication in the official journal.  Notices are published by contracting entities themselves on their buyer profile through the Internet.  The notices must include the estimated total value of public supplies contracts or framework agreement, by private area, which the entity intends to award in the following 12 months where it exceeds €750,000  Special designated naming convention/nomenclature must be used.

For public service contracts, the  total value of the contracts or the framework agreement in each of the categories listed which the contracting entities intend to award in the following 12 months must be published

In the case of public works contracts as soon as possible after the decision approving the planning of the works, contracts, or framework agreement,  that the contracting entities intend to award and the essential characteristics of the contracts or framework agreements must be published.

These prior indicative notices must give details of

• the contracting authority
• the country,
• Internet address,
• profile and nomenclature reference numbers.

A copy must be sent to the Commission.  Notices must not be published at the national level before they are sent to the Commission.  The notices published at national level must not contain any more information

Where contracting entities set up a qualification system under the directive, it must be the subject of a notice indicating the purpose of the qualification system and how to access rules for its operation.  The information to be included in the notice is specified.

Call for Competition I

In the case of contracts for the supply of works or services, the call for competition may be by way of a periodic indicative notice of the qualification system or a contract notice under the directive.

Where the call for contract is made by way of a periodic notice, it must specify the supplies, works or services concerned.  It must specify if the restricted or negotiation procedure will apply without further publication of a notice of a call for competition and invite interested parties to express their interest in writing.  The periodic indicative notice must be published not more than 12 months prior to the date of the invitation to negotiate or submit a tender.

Where the call is made by notice of the existence of a qualification system, tenderers must be selected from qualified candidates.

Where the call for competition is by a contract notice, the following minimum information must be provided

• details of name, address, telephone number
• the procedure chosen and reasons for use for accelerate procedure if applicable,
• if appropriate whether a framework agreement or dynamic purchasing system is involved
• form of contract
• place for completion performance of works, services or supplies
• description of public works and nature of the work,
• indication of options regarding supplementary works, provisional timetable for recourse of these options and numbers of possible renewals
• information concerning the purpose of the work
• framework agreement plan,
• duration of the framework agreement
• total value

Call for Competition II

For public supply contracts-

description of the nature of the products supplied,
indication of whether tenderers are requested with a view to the purchase lease or hire or a combination of these
in the case of regular or renewable contracts, an indication of the timetable for subsequent contracts

In the event of a framework agreement,

indication of planned duration,
estimated total value and
entire duration.

For public services contracts

• reference to  category and description of service by nomenclature
• indication of the tity of services and options regarding supplementary purchase and renewals.

In the case of renewable contracts,

the estimate of the timeframe for subsequent contracts for the purchase of the intended services
indication of whether the execution of services is reserved by law to a particular profession and references such law
indication of whether professional qualifications are required

Call for Competition III

The following – applicable to all

Where contracts are divided in lots,  an indication of the possibility of tendering for one or several

• time limit for completion of work services, supplies or duration of contract
• indication of admission or prohibition of variance
• indication of condition to which contract is subject
• indication of any deposit or guarantees required
• reference to main financing and payment terms
• legal form to be taken if applicable by tenderers
• Indication of the selection criteria regarding the position of tenderers which may lead to their exclusion. It must be justified.

In the case of framework agreements, reference to the number and where appropriate the proposed maximum number of tenderers who would be members of the framework agreement.

Call for Competition IV

In the case of open procedures –

• details of name, address and contact details from which the contract documents and additional documents may be requested
• time limit for submission of such request
• costs and payment for obtaining these documents
• the time limit for receipt of tenders and indicative tenderers.the
• time limit for receipt of request to participate (restricted and  negotiated procedures)
• address where they are to be sent
• required language
• details of the opening of the tenders

In the case of restricted procedures or negotiated procedures, the notice must include when contracting entities intend to exercise the option of reducing the number of candidates to be invited to submit tenders, engage in dialogue and negotiation,

an indication of the minimum or proposed maximum number of candidates and reference to the objective criteria of choosing candidates
indication of an ultimate procedure,
indication of a time frame during which tenderers must submit their tender

Call for Competition V

In the case of negotiated procedures-

• a reference to entities already selected
• a reference to the award criteria to be used in the award of the contract (lowest price or most economically advantageous criteria)
• a reference to the body responsible for appeal or where appropriate mediation procedures
• an indication of information concerning guidelines for appeal
• date of publication of prior information noticeindication of whether the contract is covered by the World Trade Organisation GPA agreement

Notice Requirements

The Notices must be published in an official language of the Community as chosen by the entity.  A summary of important elements are published in other official languages.  Notices and the contents may not be published at the national level in advance of notification to the Commission.

Notice of an award must be sent to the Commission within two months of the award.  Different obligations apply in relation to awards made under framework agreement sent periodically.

The Commission must respect sensitive commercial information which the contracting authority highlights as such.  Where issues of commercial confidentiality are involved, the information to be provided and the contract award notice may be limited.

Notices of contract based on qualification systems must contain information similar in detail and description to the information