The structure of the document
Contracting authorities must use the ΕΑΔΗΣΥ standard templates, so every supplies or services tender document has the same structure, with minor deviations. The main body has six sections, followed by annexes.
| Section | What it contains | How much it concerns you |
|---|---|---|
| 1. Contracting authority and subject matter | Authority details, funding, description and lots, estimated value, duration, options, deadlines | Start here. Two minutes. |
| 2. General and special participation terms | Right to participate, guarantees, exclusion grounds, selection criteria, reliance on third parties, ESPD, means of proof, content of bids, award criterion, validity period, grounds for rejection | The heart of the document. Twenty minutes. |
| 3. Conduct of the procedure | Opening, evaluation, award evidence, award, appeals, cancellation | Procedural. Read if you proceed. |
| 4. Performance terms | Performance guarantee, contract modification, subcontracting, default, penalties | Decides the risk. Five minutes. |
| 5. Special performance terms | Payment method, deductions, penalties, acceptance, rejection of deliverables | Decides the margin. Five minutes. |
| 6. Time and manner of performance | Delivery time, place, acceptance, warranty | Decides whether you can deliver. |
| Annexes | Detailed description of the subject matter and technical specifications, ESPD, templates for the financial offer and guarantees, draft contract, compliance sheet | The specifications are the most critical annex. |
The reading order
- Subject matter, value, lots, deadlineSection 1. Who buys what, for how much, in how many lots, by when. If the subject matter is not yours or the deadline is in three days, stop here.
- Selection criteriaSection 2. If you do not meet them, there is no point reading the specifications. See below what the authority may require.
- Technical specificationsAnnex. Read line by line, with the compliance sheet beside you. Every requirement you do not meet is a ground for rejection, not for a lower score, unless the tender documents expressly label it desirable.
- Award criterionSection 2. Price only, or quality and price with weights. It determines how you price and how much you invest in the technical offer.
- Guarantees, offer validity, delivery timeSections 2 and 6. The cost of participation and the performance risk.
- Payment and penaltiesSection 5. If you are paid on final acceptance after a twelve-month contract, you are financing the public sector for a year.
Selection criteria: what the authority may require
Selection criteria (article 75 of Law 4412/2016) concern the bidder's ability to perform the contract and must be related and proportionate to the subject matter. They fall into three categories.
- Suitability to pursue the professional activity. Registration in the relevant chamber or professional register. For works, registration in the ΜΗΕΕΔΕ register in the appropriate class.
- Economic and financial standing. Usually a minimum annual turnover. The law provides that it may not exceed twice the estimated value of the contract, except in justified cases of special risks. A tender document for 200,000 euros requiring a turnover of 600,000 euros breaches the rule and can be challenged. Liquidity ratios or professional liability insurance are also requested.
- Technical and professional ability. A list of similar contracts in the last three years (five for works), technical staff, equipment, quality assurance measures. Quality assurance and environmental management standards are governed by article 82: the authority may require certification to EN ISO 9001 or EMAS and equivalents, but must accept equivalent certificates and other evidence where the bidder had no access to certification through no fault of its own.
Selection criteria may be met through a group of economic operators or by relying on the capacities of a third party, as explained in the entry on the economic operator.
Award criterion
Every contract is awarded to the "most economically advantageous tender" (article 86), determined in one of two ways:
- On price. The lowest price among the technically acceptable bids wins. The technical offer is judged pass or fail, not scored. This is the rule in supplies of standardised goods.
- On best price-quality ratio. The technical offer is scored on criteria with weights set in the tender documents and the score is combined with the price in a formula that is also set. For studies and technical services the weight of price may not be below 30%.
In the second case, read the formula. In many tender documents a 10% difference in price is worth only a few points of technical score, so investing in a lavish technical offer does not pay. In others the opposite is true.
Where tailored specifications hide
The law (article 54) prohibits specifications that refer to a specific make or origin unless accompanied by "or equivalent", and requires them to ensure equal access. In practice specifications that favour one supplier are found in three places:
- Combinations of features that only one product on the market meets at the same time, each of which is reasonable on its own.
- Numerical values of needless precision, such as weight "up to 1.84 kg" or a dimension "at least 27.3 cm", matching one manufacturer's brochure.
- Selection criteria cut to fit one bidder: experience in a contract "of the same subject with the same authority", or certifications held by one.
If you spot such a term, you have 15 days from publication in ΚΗΜΔΗΣ to challenge it by pre-judicial appeal. After that it binds.
What the document does not say
The tender document does not say who won the same authority's previous tender for the same subject, at what price, with how many bidders, or how fast it paid. That is found in ΚΗΜΔΗΣ, and it is often more useful than the 120 pages of the document for deciding whether to take part.
GOVADI's fit report reads the whole document and its annexes, scanned ones included, and returns within minutes a 0 to 100 score, a BID, NO-BID or CONDITIONAL recommendation and a criterion by criterion breakdown of what you cover, what is missing and what excludes you, with the reasoning visible. Beside it, the authority's history and its previous awards.
Frequently asked questions
How much turnover can a tender document require?
The minimum annual turnover required as a selection criterion may not exceed twice the estimated value of the contract, except in duly justified cases of special risks, under article 75 of Law 4412/2016.
What is the compliance sheet?
A table in the technical offer where for every technical specification of the tender document you state whether you meet it and refer to the point in the brochure or description that proves it. An incomplete or unsupported compliance sheet is a common ground for rejection.
What does best price-quality ratio mean?
An award criterion where the technical offer is scored with weights and the score is combined with the price in a formula set in the tender documents. Unlike award on price, a more expensive bid can win if it is technically superior.
Can the tender document require a specific brand?
No, unless the reference is accompanied by the words "or equivalent" and is justified by the impossibility of a sufficiently precise description. A specification matching only one product on the market can be challenged by pre-judicial appeal within 15 days of publication.
How many years of experience may the authority require?
The list of similar contracts normally covers the last three years for supplies and services and the last five for works. The authority may extend the period to ensure sufficient competition, not shorten it.