For contracts awarded through invitation to tender with design competition, the tenders board shall first open the envelopes containing the administrative documents and artistic proposals.
After the opening of bids received, the tenders board shall set up a jury to evaluate the projects.
The jury shall comprise mostly representatives of the professions concerned and at least one representative of the Project Owner.
Secondly, only technical bids comprising the estimated provisional project cost, the bidder’s references and the overall project cost of bidders who obtained the required minimum score for the competitive design proper shall be opened in the presence of the bidders concerned.
Before expressing its opinion, the jury may also, in writing or any appropriate means, invite bidders to provide any clarifications concerning their bid.
The jury may consult any expert or technician to enlighten it on specific points of the proposed projects, and/or assign a sub-committee to review the bids before expressing its opinion.
The jury may also request one or more bidders to make changes to their projects. Such changes may relate to the design and/or implementation of projects, eventually with resulting cost difference. The processes and costs proposed by bidders may not be disclosed to other competing bidders during discussions.
The jury shall evaluate and rank the bids based on the criteria set forth in the design competition as follows:
(a) Where the invitation to tender with design competition deals only with project design, the jury shall rank the projects according to their technical and aesthetic values, their overall cost, in accordance with the criteria laid down in the design competition regulations. The overall score shall be the sum of the technical score and the score of the estimated overall project cost, using the weighted method provided for in the tender file.
(b) Where the design competition concerns the cases provided for in Article 80(1) (b), (c) and (d) of the code, the jury shall review and assess the said projects on the basis of the technical and aesthetic value of each project, its overall cost, as well the conditions for its eventual implementation, using the criteria laid down in the design competition regulations.
As appropriate, the jury of the design competition shall, together with the shortlisted competitors, finalize the terms of the contract to be awarded for the conduct of a study and/or the monitoring and control thereof.
The jury shall evaluate the bids and determine the most cost-effective. To that end, it shall sum up the scores obtained by each competitor with regard to the design competition proper, the overall project cost estimate and the financial bid, using the weighted method provided for in the tender documents.
After ranking the bids, the jury shall, using any communication medium stating the exact date, request the highest ranked competitor to:
(a) Confirm the correction of the clerical errors noted;
(b) Regularize the discrepancies noted.
In this regard, the jury shall grant the competitor a period of not be less than 7 (seven) working days, with effect from the date of completion of evaluation of the proposed projects.
After reviewing the documents and answers received, the jury shall:
(a) Propose that the tenders board should select the successful bidder concerned: or
(b) Propose that the tenders board should exclude the competitor concerned where he;
– Fails to respond within the prescribed period, to confirm the corrections requested or to regularize the discrepancies noted;
– Submits a financial bid signed by a person not authorized to commit him or expresses restrictions or reservations.
In this case, the jury shall request the second highest ranked bidder, review the documents and answers received and either select or exclude him under the conditions set forth in (b) above.
Where the jury does not select the second highest ranked bidder concerned, it shall invite the bidder ranked next, review his documents and answers under the same conditions as above until the procedure is completed or the design competition is declared unsuccessful.
The design competition jury shall draft a report on each of its meetings. The report, which shall neither made public nor disclosed to the competitors, shall mention the records of the jury’s discussions with bidders and, as appropriate, the remarks or objections of jury members or bidders, as well as the jury’s opinion on the said remarks or objections.
The report signed by the chairperson and members of the jury should comprise the final results of the design competition and state the reasons for the disqualification of the unsuccessful bidders, as well as reasons for the jury’s choice.
The report of experts, technicians or sub-committees, if any, shall be attached to the jury’s report.
The jury shall adopt the final ranking of the selected bids and submit its proposals to the tender’s board to allocate the bonuses provided for in the design competition terms and conditions and/or award the contract to the selected competitor, as the case may be.
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