Confusion about legal background of BT-769 OR misleading wordings
I'm confused about the (legal) background of BT-769.
I assume it comes from an issue at the eForms group on Github.
https://github.com/eForms/eForms/issues/261
In this discussion the business term refers to the permission of multiple "main tender" a.k.a "non-variant tender" (i.e. tenders, which are not variants and so fully comply with the specified conditions; whereas variants might differ from the specified description).
But the current technical and legal implementation just talks of "tenders" without distinguishing between "variant tenders" and "non-variant tenders". I.e. with "BT-769 = NO" either it would not be allowed to submit both a variant tender and a non-variant tender or the meaning of that business term would be completely different.
FYI: Some information to understand why in Germany that option "allow multiple non-variant tenders" is important:
- As variant tenders differ from the specified description, there are additional steps to prove that those also fulfill the need. For skipping those steps (or due to a lack of knowledge) bidders sometimes label tenders which factual are variant, as "non-Variant".
- For some kind of procedures, the bid opening is public to all bidders and even the prices are discovered to that circle. If a bidder submitted several tenders, he could try to maximize his earnings by unfair means: after the bid opening he could try to decoy the buyer to dismiss certain of his most cheapest bids and still have the best offer (as he knows the price of the next-best offers of other bidders).
Suggested solution:
Clarify that BT-769 just refers to "multiple non-variant tenders" (instead of the wrongly generalized "multiple tenders"). This should also be clear at the translations, especially if there are different terms for "variant tender" (DE: Nebenangebot), "non-variant tender" (DE: Hauptangebot) and unspecified "tender" (DE: Angebot).