{
  "url": "https://openlegislation.uk/eu-decision-2005-769/annex/division-5/division-5.3",
  "json_url": "https://openlegislation.uk/eu-decision-2005-769/annex/division-5/division-5.3.json",
  "legislation": "eudn/2005/769",
  "legislation_title": "Commission Decision of 27 October 2005 laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 and repealing its Decision of 3 September 1998 (2005/769/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2005-769",
  "path": "annex/division/5/division/5.3",
  "kind": "division",
  "number": "5.3",
  "heading": "Obligations for the submission of a tender",
  "text": "The tender notice shall specify the form and the deadline according to which the tenderer’s bid must be made.\nAll requests to participate and tenders declared as satisfying the requirements must be evaluated and ranked by an evaluation committee on the basis of the exclusion, selection and award criteria announced in advance. This committee must have an odd number of members, at least three, with all the technical and administrative capacities necessary to give an informed opinion on the tenders.\nOne single tender may be submitted for each lot. It shall be valid only if it relates to a complete lot. Where a lot is subdivided into part lots, the tender shall be established as an average thereof. Where the invitation to tender relates to the supply of more than one lot, a separate tender shall be submitted per lot. The tenderer is not obliged to present a tender for all the lots.\nTenders shall provide:\nthe tenderer’s name and address,\nthe reference numbers of the invitation to tender, lot and action,\nthe net weight of the lot or the specific monetary amount to which the tender relates,\nthe proposed price per net metric tonne of product at the place of delivery as specified and in accordance with the conditions laid down in the request for tenders; or where the invitation to tender is for a contract to supply a maximum quantity of a given product for a specific monetary amount, the net quantity of products offered,\nthe transport costs from the place of loading to the place of delivery for the specified delivery stage,\nthe delivery deadline or delivery timeframe.\nThe tender shall be valid only if it is accompanied by evidence that a tendering guarantee has been lodged. The amount of the tendering guarantee, expressed in the currency of the payment, and the period of validity, shall be laid down in the tender notice. The guarantee shall represent minimum 1 % of the total amount of the bid, and the period of validity shall be at least one month.\nThe guarantee shall be lodged in favour of the NGO in the form of a security from a credit establishment recognised by a Member State or accepted by the NGO. The guarantee shall be irrevocable and capable of being called at first request.\nIn case of purchase in the country which is itself the beneficiary of the food aid, the NGO may define in the tender notice other conditions for the guarantee taking account of the customs of the country.\nThe guarantee shall be released:\nby a letter or a fax by the NGO where the tender has not been accepted or has been rejected, or where no contract has been awarded,\nwhere the tenderer, designated as the supplier, has lodged the delivery guarantee.\nThe guarantee shall be forfeited if the supplier fails to provide the delivery guarantee within a reasonable deadline following the award of the contract and also if the tenderer withdraws his tender after it has been received.\nA tender which is not submitted in accordance with these provisions or contains reservations or conditions other than those laid down for in the invitation to tender shall be rejected.\nNo tender may be changed or withdrawn after it has been received.\nThe award shall be made to the tenderer who submitted the lowest tender respecting all the conditions of the invitation to tender, in particular the characteristics of the products to be mobilised. Where the lowest tender is presented simultaneously by a number of tenderers, the contract shall be awarded by the drawing of lots.\nWhen the contract is awarded, both the supplier and the unsuccessful tenderers shall be duly notified by letter or fax.\nThe NGO may decide not to award the contract on the expiry of the first or of the second dead-line, in particular where the tenders submitted are outside the range of normal market prices. The NGO shall not be required to give reasons for its decision. Tenderers shall be informed of the decision not to award the contract by written notice, within three working days.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Decision of 20 July 2006 replacing the Annex to Decision 2005/769/EC laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 (2006/541/EC)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2005/769/annex/division/5/division/5.3",
    "retrieved_at": "2026-11-01T15:17:47.505750+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}