SECTION 90

(1) Every bidder shall, subject to Articles 51 and 52 of this Code, include the following in his bids: - documents providing information on his identity and location, and proof of activity; - a copy of the deed empowering him to commit the company; - a certificate of non-bankruptcy issued by a competent authority; - a certificate issued by the public contracts regulatory body attesting that the bidder is not subject to any exclusion order or forfeiture provided for by the regulations in force; - the bid bond whose terms and amount shall be specified in the tender documents, in accordance with the regulations in force, where applicable; - a clearance certificate from the competent authorities testifying the payment of taxes, duties, fees, contributions, dues, levies or charges of any kind; - a social contribution clearance issued by the government service in charge of social insurance; - a grading certificate, where applicable. (2) For bidders based outside the national territory, the special regulations governing invitations to tender shall specify the documents they are not required to produce and those they must submit. (3) The expiry date of the abovementioned documents must be after the tender notice publication date. (4) The validity of the bid bond should overrun that of bids by 30 (thirty) days. It shall be refunded upon publication of the contract award results, save for that of selected bids which shall, where applicable, be replaced by the final bid bond. (5) The bid bond may be replaced by a guarantee resulting from a bond issued in accordance with Article 141(1) and (2) of this Public Contracts Code. (6) Any establishment having produced a personal and several guarantee shall comply, mutatis mutandis, with the provisions of Article 141(4) and (5) of this Public Contracts Code. (7) Instead of the bid indemnity bond, small- and medium-sized enterprises owned and managed by nationals, as well as civil society organizations may produce either a certified cheque, a bank cheque, a legal mortgage or a guarantee by a bank or a financial establishment duly approved in accordance with the instruments in force. (8) A bid bond issued by an international financial institution shall be acceptable, provided that the said financial institution formally appoints a local correspondent approved by the minister in charge of finance and which shall stand as guarantor where necessary. (9) For services under jobbing orders, certified cheques and bank cheques shall be accepted in lieu of the bid bond. SUB-SECTION VI ADMISSIBILITY AND OPENING OF BIDS