Communication

The contracting authority is free to choose between certain different means of communication for communication and information exchange.

Communication and information exchange shall take place by post or using electronic means (e.g. e-mail and fax). A combination of the various means of communication may also be used.

The main rule is that both requests to participate and tenders must be submitted in writing. A contracting authority may decide that requests to participate and tenders should be submitted by using some form of electronic means. An application for submitting tenders may also be made by telephone, if permitted by the contracting authority. When publishing a contract notice, the contracting authority shall state how applications are to be submitted. The notice or the contract documents must state how tenders are to be submitted.

It is probably possible in many sectors to impose requirements for tenders to be submitted electronically. In such a case, a written tender submitted by post should not be considered in the procurement procedure.

One of the preconditions for imposing requirements on electronic tenders is that the authority has an electronic system that ensures that the confidentiality of tenders is preserved. Regulations concerning such security devices for equipment for the electronic receipt of documents are contained in the Ordinance on Public Procurement and Procurement within the Water, Energy, Transport and Postal Services Sectors (2007:1099).