In addition to the technical aspects, it is necessary to define the regulatory field governing the procurement process and setting out the rules for superior transparency.
The first level of reflection concerns the standard regulations. Consequently, is the invitation to tender registered only at the level of the country where it is launched, and are there any particular regulations governing public procurement? Is there a standard regional regulatory level much like the French public procurement code that is based on European rules? This can also be part of an international procedure. A choice will therefore have to be made to launch the invitation to tender. This decision will lead to general administrative procedures that may be supplemented by special conditions. In French public procurement law, this is summed up in the Cahier des Clauses Administratives Générales (general administrative clauses) and the Cahier des Clauses Administratives Particulières (special administrative clauses).
The public procurement policy, which is equivalent to the Règlement de la Consultation (RC) of the French public procurement code, must then be defined and communicated. This is how the procurement policy will be produced: who can bid? What is the schedule of the invitation to tender? What is the delivery time? What are the rules for analysing bids? How should the prices be presented? What do they include? What are the terms of payment? How is the funding to be secured? Etc.
It is the transparency of the procedure that is described here. It gives each tenderer the assurance that it will participate in a truly open invitation to tender.
This step also requires significant reflection and may also be supported by Assistance à la Maîtrise d’Ouvrage (consultant technicians). The analysis to ensure that the bids comply with the regulatory aspects is an integral part of the final choice.
