tender documents

Tender documents are the document set a contracting authority publishes to describe what it wants to buy and how a competition will be run under Directive 2014/24/EU. The package leads with a requirements specification and forms one of the most important parts of the broader procurement documents, telling suppliers exactly what they need to submit to compete.

What do tender documents contain?

A complete tender document set is built from several pieces that each cover a part of the competition:

• A requirements specification that defines the deliverable. It is usually split into mandatory requirements (A-requirements) that must be met, and scored requirements (B-requirements) that earn points in the evaluation.
• A practical framework for asking questions and handling clarifications during the competition.
• A formal invitation to tender covering procedure, deadlines, submission format and contact points.
• Supplier-side requirements: qualification requirements, the self-declaration (ESPD) and documentation requirements.
• The award criteria and evaluation model that govern the award of the contract.
• A draft contract with contract terms, pricing format, options and appendices.

Specification types

How the contracting authority phrases its requirements has a big impact on the solutions it receives. Three common approaches:

• Functional requirements: describe what the solution must be able to do, without locking in a specific technology
• Functional specification: a complete specification where the entire need is described functionally rather than technically
• Performance requirements: measurable targets the delivery must meet, such as response time or energy use

Key drafting considerations

• Be clear enough that every supplier understands what is being requested
• Avoid setting stricter requirements than necessary (proportionality principle)
• Make requirements measurable and objectively evaluable
• Give suppliers sufficient time to prepare their bids

For contracts above the EU threshold values the tender documents must be made electronically available from the moment of publication. In Norway they are published via Doffin; in other EEA states they are linked from the national notice and from TED. Tools like Cobrief can help suppliers discover relevant tender documents and quickly assess whether they should bid in a given tender competition.

Well-drafted tender documents are crucial for a successful procurement. They ensure the contracting authority receives bids that match the need, and that suppliers compete on equal terms. For suppliers, the takeaway is simple: read the full package carefully before deciding whether to participate.