5.43 Following the declaration that dialogue has been concluded, the procuring body should invite the remaining participants to submit their final tenders based on the solutions they identified during the dialogue phase. Variant bids are permitted so more than one solution can be presented by each participant. Confidentiality of solutions must be preserved.
5.44 These tenders are equivalent to ITN responses under the negotiated procedures. However, unlike previously key issues cannot be negotiated following submission of final tenders.
5.45 The formal invitation to submit final tenders should include:
• A reference to the published OJEU number (including publication reference number and date)
• The criteria for award of the contract and information on the weighting of the criteria (unless weighting is not possible in which case they should be listed in descending order of importance which should not vary from the original OJEU notice.)
• The deadline for receipt of final tenders.
• The address to which final tenders must be sent; and
• The language of the tenders.
5.46 If the descriptive document or specification has been updated during the course of the dialogue this should be reissued.