ECOWAS Tenders Code 3. The technical standards and specifications set out in the bidding documents shall comply with all the set criteria and shall not make reference to trademarks, brand names or catalogue numbers except as specified in the Article 45 . 3 .c of this Code or Annex H of the Procurement Manual. 4. There shall be no request for proposals or bid invitation, nor award of contract without a certification issued by the procuring entity that sufficient funds are available in an amount equal to the value of the contract. Article 26: Allotment 1. Where the allotment of the public contract is technically and financially more advantageous and aims at reducing the cost on the procuring entity, the contracting of goods, works or services shall be divided into lots that may be awarded to different bidders. 2. The instructions to bidders shall determine the number, nature and the importance of the lots. It shall also indicate how bids for one or more lots may be submitted and the basis for award. The procuring entity shall award the contract to the lowest evaluated responsive combination of bids. The bidders are required to present separate bids for each lot. 3. Where one or more lots have not been awarded, the procuring entity may engage in new contracting proceedings after modifying the scope of the remaining lots. Chapter II: Methods of Procurement Section I: General Provisions Article 27: Methods of Procurement 1. In conformity with the provisions of this Code, a contracting Institution shall conclude goods, works and services contracts by means of open public tendering (International, Regional or Local), restricted tendering (International, Regional or Local), Request for Quotation, Direct Contracting as provided in the Procurement Manual. 2. Procurement of intellectual services shall be carried out based on Quality and Cost Based Selection, Quality Based Selection, Consultant’s Qualification, Selection under Fixed Budget, Least Cost Selection or Direct Contracting. Article 28: Language and Currency 1. Any documents written, published and provided to bidders or produced by them shall, in accordance with Article 87(2) of the Revised Treaty, be prepared in at least one of the working languages of the Community. 2. The bidding documents shall indicate that a candidate or bidder may quote the price of his bid in the currency of any Member State of the Community or in ECOWAS Unit of Accounts. A Final Page 14

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