Review procurement consultation documents

Verified 15 December 2023 - Legal and Administrative Information Directorate (Prime Minister)

The consultation documents (formerly known as company consultation records or CDRs) are written by the public purchaser. They contain the documents necessary for the candidate to respond to the public contract (consultation regulations, financial documents, special clauses or CCPs, etc.). They are available for free on the buyer profile where the contract is greater than €40,000 HT: titleContent.

The consultation documents (formerly called company Consultation Package or CDR.) define the buyer’s needs and expectations.

These documents enable the company to have all the information it needs to decide whether or not to apply.

These documents are:

  • Notice of public call for competition: this notice can be found on the BOAMP: titleContent, the Official Journal of the European Union (OJEU) or the paperless platforms of local newspapers
  • Consultation Regulations (CR)
  • Financial Documents
  • General Administrative Clauses (GAC)
  • General Technical Clauses (GTC)
  • Specific Terms and Conditions (SPC)
  • Act of commitment

Warning  

The CCAG (general administrative clauses) and CCTG (general technical specifications) are often parts of the contract but are not attached to the consultation documents. They shall lay down the general administrative and contractual framework for the public contract and shall be accessible by reference to a link.

The needs of each buyer are specificHowever, it is important to read carefully all consultation documents to respond in a personalized way. We must avoid the model dossier that would be used to respond to all public contracts.

The consultation documents are available free of charge.

If the contract is greater than €40,000 HT: titleContent , the public purchaser has the obligation to deposit consultation documents on the buyer profile. This is the dematerialization platform allowing the public purchaser to put the consultation documents available economic operators (i.e. companies) electronically. This platform also allows you to receive by electronic means the documents submitted by the applicants.

FYI  

If certain documents are not accessible on the buyer profile for reasons of confidentiality or because they are too large, the buyer indicates the means by which they can be obtained.

He fixes the rules of consultation : response time, award criteria. It specifies the instructions for use to meet a market and the conditions for competitive tendering between the tenderers.

The CR shall indicate the following:

  • To whom and where to give the offer?
  • Possibility of a site visit (for example, if the proposed contract is for work to be carried out in a school, a site visit may be offered)
  • Expected content of the offer
  • Selection criteria and weighting
  • Possibility of negotiation

In the financial documents, there is the price services which are the subject of the public contract.

The price comes in one of the following forms:

  • Unit Price Slip (BPU) where each benefit is listed
  • Breakdown of the overall and flat-rate price (FCD) —Defines the quantities and items to be costed by the companies. The elements of the fixed price of the service to be performed are broken down.

It's a standard document which determines the rights and obligations of the buyer and the applicant.

The ACPCs are a standard for the performance of public contracts. They shall contribute to the implementation of best practices in payment, time limits, subcontracting, dispute resolution and contract termination.

There are different CCAGs depending on the category of contract:

The use of General Administrative Clauses (GACs) is not mandatory. They shall apply only to public contracts which refer explicitly to them.

Please note

A contract may refer to a CCAG while derogating certain clauses in the particular contract documents. These derogations must then be included in the special administrative clauses (CCAP).

The General Technical Clauses (GTCS) set out the technical provisions applicable to categories of contracts. It is found in particular in civil engineering works contracts (earthworks, roadways).

The buyer may decide to use this Technical and General Clauses (TGCS) to inform candidates on the technical nature of its needs. It may also decide not to refer to a TGAC.

Please note

The purchaser may decide not to apply one or more provisions of the CLCA. It must then make this explicit and summarize all the derogations in the last article of the special administrative clauses (CCAP).

The Specific Clauses Manual (SPC) groups together the clauses contained in the Specific Administrative Clauses Manual (SPC) and the Specific Technical Clauses Manual (SPC).

Special Administrative Clauses (SCAC)

The CCAP is a contractual document each of the provisions of which must be complied with by the tenderer.

He gave full details on the object market, time-limits for implementation and the termination of the market.

It also details all the conditions for price : the fixing of the price (of the advance and the advance payment), invoicing and settlement, the revision of prices and penalties late.

Specific Technical Clauses (CCTP) also known as Specifications

This document is written by the buyer and sets out the technical provisions necessary for the performance of the services of each contract. It informs the economic operator about the needs of the buyer, delivery times, warranty conditions, maintenance, after-sales service.

The CCTP is obligatory for formalized procedures (tender, negotiation, competitive dialog).

It is a contractual administrative act, by which the candidate commits to his price offer and formally accepts the terms of the contract.

The commitment document shall contain the information necessary for the conclusion of the public contract and shall constitute the main component of the contract.

In particular, it makes it possible to identify the parties bound by the public contract and to ascertain precisely the reciprocal commitments of the economic operator and the buyer.

FYI  

The Ministry responsible for the economy shall make available a modelact of commitment.

FAQ