(1) A restricted invitation to tender shall be one that is preceded by
prequalification.
(2) Prequalification shall be conducted for services of the same nature following a
public call for bids through publication in authorized newspapers of a notice relating to a
special tender or a set of tenders over a period of no more than 6 (six) months.
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(3) The public call for bids must specify the qualification criteria, particularly the
administrative conditions to ascertain the legal existence of bidders and their references
in the field concerned.
(4) The restricted invitation to tender shall concern at least 3 (three) bidders
selected following a prequalification procedure. Otherwise, the Project Owner or the
Delegated Project Owner must resort to an open invitation to tender.
(5) In case of allotment, the minimum number of bidders prequalified per lot shall
be 3 (three). Otherwise, the Project Owner or the Delegated Project Owner must resort
to an open invitation to tender for the lot(s) concerned.
(6) Where prequalification concerns a set of invitations to tender spread over the
period referred to in (2) above, the open call for bids must limit the number or total
volume of contracts that may be awarded to a bidder based on their capacity.
(7) After the prequalification process conducted by the Project Owner or the
Delegated Project Owner, a shortlist of pre-selected bidders shall be published before
launching of the invitation to tender.
(8) Letters of invitation to tender shall be sent to the short-listed bidders and the
approved tender documents placed at their disposal under the same conditions as those
provided for in Article 75 of this Public Contracts Code.
Official text
Spot-checked
In force from 20 June 2018
Source page 31