ECOWAS Tenders Code
Awarding Entities shall consider the possibility of reducing the quantity of works,
services and supplies or of obtaining additional funds.
3. The bidders shall be informed accordingly and their bid security returned to them within
three (3) working days of cancellation.
4. Within fifteen (15) working days, a new invitation to bid may be published on the basis of a
revised requirement, or a contract negotiated according to the provisions of Article 44
paragraph 4 of this Code.
5. The conditions for rejection of all bids or cancellation of the contracting process and for
proceeding with a new invitation to bid shall be specified in the bidding documents.
Chapter V: Award and Entry into force of the Contract
Article 59: Contract Award
1. In conformity with Article 8 of this Code, the Procurement Committee or Procurement
Board shall award contracts on the basis of the recommendations of the technical subcommittees referred to under Article 8(4 and 7) of this Code. The evaluation report
submitted by the technical sub-committees to the Procurement Committee or Procurement
Board for approval of award recommendations shall be considered within ten (10)
working days of its submission. The Procurement Committee or Procurement Board may
either:
a) approve the recommendation and award the contract in the form specified in the
bidding documents or request for proposals or quotations; or
b) refuse such approval and refer the evaluation back to the relevant sub-committee or
with an instruction to re evaluate the bids or recommendation or bidding or any other
action as specified in this Code.
2. The said instruction in 1 (b) above shall provide the committee either with new
information, or specify the factual or legal grounds supporting a different interpretation to
be made of the terms and conditions of invitation, or analysis of the responsive bids,
proposals or quotations, or the recommendation for further action.
3. Bidders shall not be requested to modify their bids as a condition for award, nor to undertake
responsibilities not stipulated in the bidding documents, or to change their prices.
4. Except in the case of intellectual services or direct or single-source contracting, no
negotiations shall take place between the procuring entity and a contractor, supplier or
service provider, with respect to a submitted bid or proposal.
5. The Approving Authority shall approve the award made by the Procurement Committee
or Procurement Board within ten (10) working days of the submission of the
recommendation report from the Procurement Committee or Procurement Board.
6. No public contract shall enter into force before the process specified in this Article.
Final
Page 27