Admissibility of variant bids

The contracting authority, which allows or requests variant offers, shall state in the documentation relating to the award of the public contract the minimum requirements that the variant offer must fulfill, as well as any special requirements for its submission, in particular whether the variant offer can only be submitted if it has been a non-variant offer was also submitted. Therefore, in the public procurement notice, if a notice on the establishment of a qualification system is used as a means of publication, in the invitation to submit bids or to negotiations, the contracting authority indicates whether it allows or requires the submission of variant bids or not. For example, in the case of a mobility request, the provider can submit an offer that is within the usual considerations for the offer as well as a more innovative option. A public contracting authority that allows the submission of a variant of the offer means that the offer does not meet all the client's requirements. The client describes in the RD where there are possible deviations, e.g. in the attached example, in addition to classic construction, the client also allows a reinforced concrete prefabricated construction of the building. The customer can also specify the technical requirements and determine which of these are the minimum requirements, while allowing deviations in the others, leaving the "solution" to the provider. Part of this can also be the environmental aspect of public procurement. The last paragraph of Article 72 of the ZJN-3 also stipulates that we must not discriminate against a variant offer based on the content of the service (e.g. we order lamps, and someone offers a lighting service). The customer, who in the procedures for the awarding of a public contract for goods or services, allowed or requested the submission of variant offers, may not reject the variant offer only on the grounds that, if successful, the offer would change the public contract for the procurement of goods into the performance of a service or vice versa. But if variant offers are not allowed or required, they are not allowed to be submitted. Variant offers must be related to the subject of the public procurement, so it is necessary to think about it in advance. In addition, the procuring entity must ensure that the award criteria can be applied to variant tenders that meet certain minimum requirements and to compliant tenders that are not variants. The customer only considers the variant offer that meets his minimum requirements.

KEMSO or Communal Material Circle: JN003683/2021 and JN004160/2023 – Green and circular joint JN of the Municipality of Novo mesto and municipal institutes owned by the municipality for ordering hygienic paper with the inclusion of several environmental goals:

Technical requirements: definition of the environmental requirements in the technical specifications for each item (submission of the type I environmental mark, equivalent to the EU ECOLABEL, is required). The provider attaches a certificate with a specification that shows which article the proof refers to.
Conditions for cooperation: definition of special conditions for each item (required submission of a food contact certificate, required submission of a dermatological test...)
Criteria: zero waste circular criterion (the tenderer gains additional points if he obtains a certificate from the manufacturer that he will supply paper made from locally collected secondary raw materials)