Forget the idea that the Information Notice (NvI) is just a Q&A round. In reality, this document is the de facto rewrite of your contract.
Where the specification is the contracting authority's opening move, the Information Notice is the battlefield where the final rules are determined. It is legally binding and takes precedence over all previous documents. Reading this document as a formality means blindly signing up for conditions you do not understand.
The Grossmann Ruling: Speak Now or Forever Hold Your Peace
The biggest trap for tenderers is silence. Many entrepreneurs think: "I'll challenge that unreasonable requirement in court later if I lose."
That is a fatal miscalculation.
According to the European Grossmann ruling, you as a proactive tenderer have a duty to complain. Do you see an error, an unlawful requirement, or a contradiction? Then you must report this before submitting your tender (during the NvI phase). If you fail to do so, legal forfeiture occurs. You forfeit your right to ever complain about it again. The judge will simply say: "You should have reported this earlier."
The Strategy of the 'Weaponized Question'
Asking questions for the Information Notice is not an administrative act; it is a strategic weapon. Your goal is not just to obtain clarity, but to tilt the playing field in your favor without revealing your strategy.
1. The Trap Question
Use this to make a vague requirement concrete in a way that benefits you.
Weak: "What do you mean by 'sustainable'?"
Strong: "Can you confirm that 'sustainable' means: equipped with Eco-label X (which happens to be
standard on your product)?"
2. The K.O. Breaker
If a requirement excludes you, you must attack it immediately.
Question: "Requirement 3.4 prescribes brand X. Is the contracting authority aware of Article 2.76 of
the Procurement Act which prohibits specifying brands? Are you willing to add 'or equivalent'?"
The Hierarchy of Truth
In case of contradictions, a strict hierarchy applies. In 99% of cases:
- Information Notice (Highest rank: this is the buyer's final will)
- Memorandum of Modifications
- Specification / Guidelines
Does the specification state "delivery time 2 weeks" but the answer to question 40 says "4 weeks is also acceptable"? Then 4 weeks is the law.
Insider Tip: Do not scan the Information Notice for keywords. Place it next to the specification and process every change directly into your base document. The profit is often found in a nuance shift on page 30 of the answers.
Frequently Asked Questions about Information Notice (NvI)
Does the Information Notice override the specification?
Yes, in the order of precedence, the NvI ranks above the specification. If there is a contradiction, the answer in the NvI applies.
Are questions in the Information Notice anonymous?
Yes, the contracting authority anonymizes all questions before publishing the NvI. However, extremely specific technical questions might still hint at the sender.
What is the Grossmann judgment regarding the NvI?
The Grossmann ruling dictates that you must raise objections to tender documents proactively (usually via the NvI). If you fail to do so, you forfeit your right to litigate on these points later.
How many Information Notices are there?
Typically there is at least one. Complex tenders may have multiple rounds of questions, resulting in a second or third NvI.
Do I have to sign the Information Notice?
Usually, you don't sign the NvI itself, but you must confirm in your bid submission (e.g., Self-Declaration) that you have taken note of all Information Notices.
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