Article 273

The tender documents referred to in Article 138 shall be drawn up on the basis of best international practices and in accordance with the provisions of this Chapter regarding advertising and contacts between the contracting authority and tenderers. For service contracts, the tender file must contain the following documents: instructions to tenderers, which must include: the type of contract; the award criteria and their weightings; the possibility of interviews and the timetable for them; whether variants are permitted; the proportion of sub-contracting which may be authorised; the maximum budget available for the contract; the currency of tenders; shortlist of candidates selected (mentioning the ban on association); general conditions for service contracts; specific conditions which amplify, supplement or derogate from the general conditions; terms of reference indicating the planned timetable for the project and dates from which it is planned that the principal experts must be available; price schedule (for completion by the tenderer); tender form; contract form; if applicable, bank (or similar) guarantee forms for the payment of pre-financing. Point (h) of the first subparagraph shall not apply to cases where, due to exceptional and duly justified circumstances, the model contract cannot be used. For supply contracts, the tender file must contain the following documents: instructions to tenderers, which must include: the selection and award criteria; whether variants are authorised; the currency of tenders; general conditions for supply contracts; specific conditions which amplify, supplement or derogate from the general conditions; technical annex containing any plans, technical specifications and the planned timetable for performance of the contract; price schedule (for completion by the tenderer) and the breakdown of prices; tender form; contract form; if applicable, bank (or similar) guarantee forms for: the tender; payment of pre-financing; proper performance. Point (g) of the first subparagraph shall not apply to cases where, due to exceptional and duly justified circumstances, the model contract cannot be used. For works contracts, the tender file must contain the following documents: instructions to tenderers, which must include: the selection and award criteria; whether variants are authorised; the currency of tenders; general conditions for works contracts; specific conditions which amplify, supplement or derogate from the general conditions; technical annexes containing plans, technical specifications and the planned timetable for performance of the contract; price schedule (for completion by the tenderer) and the breakdown of prices; tender form; contract form; if applicable, bank (or similar) guarantee forms for: the tender; payment of pre-financing; proper performance. Point (g) of the first subparagraph shall not apply to cases where, due to exceptional and duly justified circumstances, the model contract cannot be used. In the event of contradiction between the specific conditions referred to in point (d) of paragraph 2, point (c) of paragraph 3 and point (c) of paragraph 4 and the general conditions, those specific conditions shall apply. Where contracting authorities require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator with certain quality assurance standards, they shall refer to quality assurance systems based on the relevant European or, where appropriate, international standards certified by bodies conforming to the European or international standards on certification. They shall also accept other evidence of equivalent quality assurance measures from economic operators.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.