Article 78. Participation in preliminary consultations of candidates or tenderers.

1. If a candidate or a tenderer or a company linked to a candidate or a tenderer has provided the documentation or information, data and news referred to in Article 77, paragraph 2, or has otherwise participated in the preparation of the procedure of the award of the contract, the contracting authority adopts adequate measures to guarantee transparency and that competition is not distorted by the participation of the candidate or the tenderer himself. The provision of relevant information exchanged during preliminary consultations to other candidates and tenderers, as well as the setting of adequate deadlines for the receipt of tenders, constitute the minimum appropriate measure. 2. Where it is not possible to ensure compliance with the principle of equal treatment , the contracting authority invites the interested candidate or tenderer to provide, within a period not exceeding ten days, any suitable element to prove that his participation in the preparation and choice of the contract award procedure does not constitute a cause of alteration of competition. If the contracting authority does not consider the justifications provided to be adequate, the candidate or tenderer concerned is excluded from the procedure. 3. The measures adopted by the contracting authority are indicated in the single report required by article 112. EFFECTIVE FROM: 1st July 2023


REPORT Article 78 regulates the participation in preliminary consultations of candidates or tenderers, providing for methods and exclusions. The safeguard rule in question is aimed at guaranteeing t...


NEW • It is better specified that, in critical cases, it is up to the candidate or tenderer to prove that his participation in the preparation or choice of the procedure did not guarantee him a parti...
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