25. A public body may make a public call for tenders in 2 stages in order to award a contract.
At the first stage, the public body selects service providers by soliciting only a quality demonstration. The tender documents must indicate whether every selected service provider or only a limited number of them will be invited to take part in the second stage.
The public body opens the tenders only in the presence of the secretary of the selection committee or its representative at the designated place and on the date and time fixed in the tender documents and applies the provisions of section 10.1.
The public body evaluates the tenders received, ensuring that the service providers are eligible and their tenders are compliant.
The selection committee evaluates the quality of a tender according to the following conditions and procedure:(1) if all the selected service providers are invited to take part in the second stage, the quality of a tender is evaluated in accordance with the evaluation conditions in Schedule 1 and all the providers who meet at least the minimum quality level are retained;
(2) if only a limited number of service providers are invited to take part in the second stage, the quality of a tender is evaluated in accordance with the evaluation conditions in sections 1 to 7 of Schedule 2 and only those who obtain the highest final scores are retained.
If the public body rejects a tender because the service provider is ineligible or the tender is non-compliant, the public body so informs the service provider and gives the reason for the rejection at the time of sending selected service providers their invitation to take part in the second stage.
The public body publishes in the electronic tendering system the names of the service providers who took part in the first stage within 4 working days following the public opening of the tenders filed during the second stage.
At the second stage, the public body invites the selected service providers to submit a tender that includes only a price or a quality demonstration with or without a price.
If only a price is required, sections 10 to 15.1 apply and, where the quality level of a tender is evaluated, sections 16 to 23 and 26 to 28 apply.
O.C. 533-2008, s. 25; O.C. 430-2013, s. 7; I.N. 2016-01-01 (NCCP); 293-2016O.C. 293-2016, s. 131; 1747-2023O.C. 1747-2023, s. 51.