6.32 I recommend:

1. Detailed advice should be included in the CSCP to all public sector clients on the specific requirements for selective tendering of European Union Directives.

2. Clients should adhere to the recommended numbers of tenders for single stage tendering in the NJCC Code of Procedure. As a general rule, clients subject to EU legislation should not use open tendering procedures. Those Northern Ireland Departments which are currently using open tendering should change to selective tendering procedures unless there are over riding local reasons - in which case they should be stated by Ministers.

3. Clients which seek tenders on a design and build or design and construct basis should proceed by the following tender route:-

a. Not more than three firms, with one other name in "reserve"44, should be invited to tender on a single stage basis. This system is best used for simpler contracts with relatively straight forward design input, or where it is intended that a significant proportion of the outline design will be undertaken by the client's own retained consultants before tenders are sought.

b. A two stage tender procedure should be used for more complex and substantial projects, subject to guidance to public sector clients on EU requirements under the CSCP. A maximum of five firms (with one "reserve") should be approached to tender for the first stage, narrowing the choice down to two (or one, if preferred) for the second stage.

c. Where substantial ground investigation costs will be incurred by tenderers, they should be permitted to "pool" such costs by retaining a single firm of consultants to act on behalf of them all.

d. Where very large and expensive schemes are to be carried out, a reasonable proportion of expenses should be paid to unsuccessful tenderers, and this should be made known in advance.

e. Assurances should be sought from contractors that their own professional consultants have been and /or will be retained on a quality and price basis.