Civil Engineering Reference
In-Depth Information
for tenderers fully to understand the contracting authority's requirements unless they
are told the relative importance of such competing or conflicting requirements. Eco-
nomic operators preparing proposals will be particularly concerned to understand
how these proposals will be evaluated, hence the important requirements for the con-
tracting authority to provide evaluation criteria and weighting information. It will
also be important to the contracting authority to ensure proposals received meet its
expectations and requirements. Providing tenderers with clear details in relation to
evaluation should assist in this.
The contracting authority must evaluate all bids either on the basis of lowest cost
or most economically advantageous tender, see regulation 30(1). In the negotiated
procedure, as well as seeking clarification of proposals, the contracting authority is
permitted also to negotiate with tenderers. The Regulations provide that, where it
needs to identify the best tender in order to award the public contract, the contracting
authority is obliged to negotiate with economic operators which have submitted ten-
ders with the aim of adapting the tenders to the requirements specified in the contract
documents, see regulation 17(21).
Step 4: Contract award
Following evaluation, a contracting authority may decide to award a contract
(as described in more detail above in relation to the restricted procedure), and
must publish a contract award notice in the Official Journal within 48 days, see
regulation 31(1).
2.12.2 Restrictions on using the negotiated procedure
The negotiated procedure with advertisement can only be used in specified circum-
stances, namely: (i) because of irregular or unacceptable tenders pursuant to an open
procedureorrestrictedprocedure,butonlyifthetermsofcontractusedforthatearlier
procurement are not substantially altered in the negotiated procedure; (ii) exception-
ally, when the nature of the work or works to be carried out, the goods to be purchased
or the services to be provided or the risks attaching to them, are such as not to per-
mit overall pricing; (iii) for a public services contract, when the nature of services to
be provided (in particular intellectual services) is such that specifications cannot be
drawn up with sufficient precision to permit award of the contract using the open or
restricted procedure; and (iv) for a public works contract, when the work or works
are to be carried out under the contract solely for the purpose of research, testing or
development, but not with the aim of ensuring profitability or to recover research and
development costs.
hepreciseconditionsinwhichacontractingauthorityshouldregarditselfasbeing
permitted to use the negotiated procedure have been under close scrutiny. The Euro-
pean Commission developed the competitive dialogue procedure described below in
preference to the negotiated procedure and contracting authorities should only use
thenegotiatedprocedurewherethereisclearjustiicationfordoingso.Choiceofpro-
curement procedure is discussed further in Sections 2.13.1 and 2.13.2.
