The Project Owner may resort to two-stage tendering where he wishes to make a selection based on such criteria as performance, operating constraints and economic costs instead of mere detailed technical specifications, and where he is able to prove that he is unable to:
– Determine the resources required to meet his needs;
– Assess available technical or financial solutions.
The use of the two-stage tendering procedure shall be subject to prior authorization by the Minister in charge of public contracts during programming.
The procedure for the award of a contract under two-stage tendering shall be as follows:
Stage 1
– The Project Owner or the Delegated Project Owner, through a public invitation to tender, requests bidders to submit bids relating to project technical, qualitative or other requirements based on the general principles of design or performance standards specified in the tender document and subject to any subsequent technical and/or commercial amendment.
– In any case, bidders must also show proof of their qualifications by providing the information requested.
– During this first stage, the Project Owner or the Delegated Project Owner may discuss the bidder’s programme with the latter.
– Bidders may not make any price offer at this first stage.
– The Project Owner or the Delegated Project Owner forwards a report on the discussion to the relevant tender’s boards, in accordance with the provisions of the Public Contracts Code relating to negotiations.
Stage 2
– Bidders are requested to submit their final costed technical bids, on the basis of the tender document prepared or reviewed by the Project Owner or the Delegated Project Owner, depending on information obtained at the first stage.
– Any bidder who is not willing to submit a final bid may withdraw from the procedure. In such a case, the Project Owner or the Delegated Project Owner is bound to release his bid bond.
– The Project Owner or the Delegated Project Owner may make provision for a flat rate payment for bidders who submit the most satisfactory bids under the conditions laid down in the tender document.
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