3.1.3 Interaction with the bidders Guidance 64

Under EU procurement law, the nature and level of communication permissible with bidders will be determined by the procurement procedure chosen.

In order to maximise the benefits of PPPs and obtain maximum value for money, it is critical to manage the bid process well. For instance:

• shortly after issuing the invitation to tender it is usual to hold a bidders' conference to explain issues and take questions from the bidders Written clarifications should be provided to all bidders; and

• it is typical to provide for a "data room" open to bidders, where they can access detailed documents concerning all aspects of the project. Guidance 65

The complexity of large PPP projects will normally require a high degree of interaction between the Authority's project management team and the bidders. Guidance 66

The terms and conditions for an interactive process, including the procedures, protocols and rules, should be included in the broader set of conditions, rights and obligations to which bidders consent. The objective of developing this iterative process is to improve the quality of the proposals by:

• fostering innovative solutions from different bidders;

• clarifying any technical, financial and commercial issues; and

• providing timely, direct and specific feedback to all bidders on key aspects of their bids.

The Authority's project management team has to take particular care to protect each bidder's commercial inconfidence material and intellectual property. More generally, the project management team will have to consider probity principles and rules as part of the implementation of the interactive process.