Article 69
United Kingdom
Documents relating to the invitation to tender shall include at least:
the invitation to submit a tender or to negotiate;
the attached specifications, to which shall be annexed the general terms and conditions applicable to contracts;
the model contract.
The documents relating to the invitation to tender shall contain a reference to the advertising measures taken under Articles 55 to 58.
The invitation to tender shall at least:
specify the rules governing the lodging and presentation of tenders, including in particular the closing date and time for submission, any requirement as to the use of a standard reply form, the documents to be attached, including those in evidence of financial, economic, technical and professional capacity referred to in Article 74, and the address to which they must be sent;
state that submission of the tender implies acceptance of the specifications and of the general terms and conditions referred to in paragraph 1 to which the tender relates and that this submission binds the contractor to whom the contract is awarded during performance of the contract;
specify the period during which a tender will remain valid and may not be varied in any respect;
forbid any contact between the contracting authority and the tenderer during the procedure, save, exceptionally and, where provision is made for an on-the-spot visit, specify the arrangements for such a visit.
The specifications shall at least:
specify the exclusion and selection criteria applying to the contract, save in the restricted procedure and in the negotiated procedures following publication of a notice referred to in Article 64; in such cases those criteria shall appear solely in the contract notice or the call for expressions of interest;
specify the award criteria and their relative weighting, if this is not specified in the contract notice;
set out the technical specifications referred to in Article 70;
state the minimum requirements which variants must meet in the procedures provided for in Article 77(2) under which the contract is awarded to the tender offering best value for money, where the contracting authority has not stated in the contract notice that such variants are not permitted;
state that the Protocol on Privileges and Immunities or, where appropriate, the Vienna Convention on Diplomatic Relations or Consular Relations applies;
specify the evidence of access to contracts, as set out in Article 73.
The model contract shall in particular:
specify the penalties for failure to comply with its clauses;
specify the details which must be contained in invoices or in the relevant supporting documents;
specify the law applicable to the contract and the competent court for hearing disputes.
The Agency may demand information from the tenderer on any part of the contract that the tenderer may intend to subcontract to third parties and on the identity of any subcontractors.