The legislation clarifies the requirements in respect of post, fax and electronic communication. The means used must be in common use, be non-discriminatory and not restrict potential suppliers' access to the tendering process. Electronic transmission methods must be generally available and interoperable with the information and communication technologies in general use.
Regardless of the method used, the exchange and storage of communications, the integrity and confidentiality of tenders and requests to participate must be maintained. The contracting authority shall only examine the content of tenders and requests to participate after the stated closing date, set in the contract notice, has passed.
When using electronic methods:
Receipt of tenders and Requests to participate
- The contracting authority shall make available, on request, information on the technical specification, including encryption information, necessary for the electronic submission of tenders and requests to participate.
- An advance electronic signature must accompany all electronic tenders.
- The supplier must submit any information that is not in an electronic format before the published closing date for the tender or the requests to participate.
Requests to participate only
Requests to participate may be in writing or by telephone (with a written confirmation sent before the deadline published in the contract notice). Where a fax is used, the contracting authority may require confirmation in writing, or by electronic means, for reasons of legal proof. Any such requirement, together with the time limit for sending the confirmation must be stated in the contract notice.
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