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Public Procurement Authority

CHAPTER IX - PROCUREMENT DOCUMENTS (57. §)

Article 57

1. The contracting authority shall make available procurement documents at the time of the publication or dispatch of the notice launching the procedure, except for the additional information provided in the course of the procedure and the specific cases provided for in relation to each type of procedures. In order to facilitate the preparation of suitable tenders and requests to participate, besides the documents specified in this Act, the contracting authority shall be bound to make available the following procurement documents supplementing the contract notice, except in the case of negotiated procedures without publication:

a) the draft contract, except for the cases in which a negotiated procedure or a competitive dialogue is used, where the contracting authority is entitled to specify only the contract terms and conditions known by him, instead of a draft-contract (draft-contract and contract terms and conditions hereinafter referred to as: ‘draft-contract‘).

b) provision of information necessary for the tenderers and the candidates in relation to the preparation of the tender and the request to participate, the list of the certificates, declarations to be submitted as part of the tender and the request to participate, as well as the standard form of the ESPD. The documentation may also contain samples of certificates, declarations proposed for the tenderers. If the samples of the statements are available in the EPPS as an electronic form, in the language of making the statement, the statement shall be made by completing the electronic form, as part of the tender or request to participate.

2. At least one tenderer or candidate or subcontractor designated in the tender or the request to participate per each tender or request to participate shall have electronic access to the procurement documents, by the expiry of the time limit for the submission of tenders or in the case of a procedure consisting of more than one stage the time limit for participation.