The contract documents are all documents applicable to the public contract that are prepared or stated by the principal. The principal is the government agency that issues a contract for a particular need, such as the construction of a road, the purchase of a vehicle or the cleaning of a building. The contract documents contain the conditions and criteria that the contractor must meet in order to perform the contract. The contractor is the company or person who will perform the contract at a given price.
Assignment documents may take different forms depending on the nature and value of the assignment. In general, assignment documents include the following elements:
- The contract notice: this is the document in which the client announces the contract to potential contractors. The notice contains the main information about the contract, such as the description, estimate, procedure, deadline and method of submission. The notice is published in the Procurement Bulletin or on a European website, depending on the value and nature of the contract.
- The selection guideline: this is the document that the principal can use in a two-step procedure, such as the restricted procedure, the competitive procedure with negotiation, the competitive dialogue or the innovation partnership. The selection guide is like the specifications for the first step, in which the client selects the candidates who may participate in the second step. The selection guide contains the conditions and criteria for the qualitative selection of candidates, as well as general information about the contract and the further course of the procedure.
- The specifications: this is the document used by the client to describe the contract and determine the contract terms. The specifications contain the technical specifications, price justification, performance conditions, award criteria and general conditions. The specifications are transmitted to the candidates or bidders who may submit a bid for the contract.
- The summary measurement or inventory: this is the document used by the client to determine the quantities and unit prices of the contract. The summary measurement or inventory is part of the specifications and serves as the basis for calculating the total price of the contract.
- The additional information: this is the information provided by the client to the candidates or tenderers during the procedure, for example, to answer questions, to make changes or to provide clarifications. The additional information must be communicated in a timely and equal manner to all parties involved.
- The agreement: this is the document signed by the client and the contractor to conclude the assignment. The agreement contains the essential elements of the contract, such as identification of the parties, description of the contract, price, duration and signatures. The agreement is concluded after the award of the contract and after the expiration or settlement of any appeal.
Thus, the assignment documents are the documents that the principal prepares or states to govern the public contract. The contract documents are binding on the principal and the contractor and must be complied with. The contract documents must also be clear, complete and correct, and comply with public procurement laws and principles.
