Selecting the Right Contractor: A Guide to Public Procurement
Selecting the Contractor and Tendering
Introduction to Contractor Selection Methods (Public Procurement)
There are various methods for selecting a contractor, including:
- Direct Contracting: Choosing a contractor based on acquaintance or references.
- Simple Competition: Utilizing competitive bidding or negotiation.
- Public Procurement:
Types of Public Procurement Procedures:
- Open Procedure: Any interested party can submit tenders.
- Restricted Procedure: Only invited parties can submit tenders.
- Negotiated Procedure: The contracting authority negotiates terms with selected tenderers.
- Competitive Dialogue: A dialogue is conducted with selected candidates to define the project scope and contract conditions.
Main Steps in the Public Procurement Process
Participation Stage (Two-Stage Procedures)
In the first stage, no tenders are submitted. The contracting authority prepares and publishes a contract notice.
Preparing and Publishing a Contract Notice
The notice is published in the Official Journal of the European Union, Tenders Electronic Daily databank, and the Public Procurement Bulletin. It outlines the project, value, selection method, deadlines, and tender documentation details.
Acquiring Tender Documentation
Tender documents typically include a draft contract, required certificates and declarations, and technical specifications.
Requesting Additional Information
Tenderers can request additional information up to 10 days before the deadline. The information is provided to all tenderers within 6 days.
Providing Tender Guarantee (If Required)
A tender guarantee may be required to ensure the seriousness of the tenderer’s offer.
Preparing and Submitting Tenders
The deadline for submission is usually at least 52 days (22 days in special cases) from the notice dispatch date. Tenders are submitted in writing, including price, deadlines, technical variations (if allowed), and proof of financial, economic, technical, and professional capabilities.
Demonstrating Adequacy
Tenderers may need to provide evidence of their capabilities, such as past projects, available equipment, qualifications, manpower statistics, etc.
Opening Tenders
Tenders are opened at a pre-announced date, time, and place.
Evaluation of Tenders
Tenders are checked for compliance, invalid ones are disqualified, and remaining tenders are assessed based on evaluation criteria.
Announcement of Results
A written summary of tenders is prepared, and results are publicly announced within 60 days of opening.
Types of Construction Contracts
- Construction Services: The general contractor is responsible only for field construction and has no design input.
- Design-Construct: A single firm handles both design and construction, with the contractor providing significant design input.
- Construction Management Services: Focuses on achieving high quality at minimum cost through integrated project planning, design, and construction. Management services can range from coordinating contractors to overseeing the entire project.