Forming the technical terms of the tender taking into account all the needs of the customer

During the creation of a public procurement on Prozoro, the tenderers are obliged to develop the terms of participation for the participants by approving the relevant tender documentation. Essentially, the tender documentation is an instruction based on which suppliers of goods, contractors or service providers will prepare their offers. It should contain qualification criteria for participants in public procurement, characteristics of the subject of procurement itself, tender evaluation methodology and information on the developed technical task (specification), etc. However, not every customer knows what a technical task is in general in public procurement. This shows the relevance of this topic. The legal company "Prykhodko and Partners" is professionally engaged in the provision of services related to the formation of technical terms of reference, taking into account all the needs of the customer.

What should be understood by the technical task?

From the analysis of legal acts in the field of public procurement, it can be concluded that the technical task (specification) should be understood as the technical conditions established by the customer for the subject of procurement, which provide the characteristics of services, goods, or which are necessary for the performance of works.

The technical task (specification) can include such customer requirements as: ensuring product safety, procedures for compliance with quality, compliance and productivity of the work performed, requirements for marking and naming the products under which it is planned to be sold, development of product testing methods, labeling requirements and packaging, creation of instructions for technological processes of production of any goods, etc.

Thus, the technical task must necessarily contain data on the necessary qualitative and technical characteristics of the subject of public procurement (description of the subject, drawings, drawings, plans, technical specification).

What should not be included in the terms of reference?

The current legislation stipulates that the terms of reference drawn up by the public procurement customer must not contain any references to a specific trademark, patent, source of origin or manufacturer of goods, service providers or contractors, as in this case the main principle of fair competition among tender participants. However, if it is still necessary to make a corresponding reference in the technical task, then in this case it is necessary to clearly justify the specified reference or replace it with the words "equivalent".

Importantly! When developing the technical task, take into account the fact that if the subject of procurement will be used by natural persons in the future, then it is necessary to develop specifications in accordance with the needs of persons with disabilities.

How can our company help?

The legal company "Prykhodko and partners" is engaged in the provision of such services in the field of public procurement, namely:

• Preparation of a tender application;
• Providing advice on problematic issues in the field of public procurement;
• Development of tender documentation and verification of tender offers;
• Formation of the technical task taking into account all the needs of the customer;
• Full legal support of a person;
• Representation of interests in various state authorities and AMCU;
• Writing responses to complaints, explanations to AMKU;
• Appealing the public procurement procedure (at the request of the client).

Therefore, turning to the law firm "Prykhodko and Partners" allows the client of the firm not only to receive proper legal support in the case, but also to achieve the desired result in practice. Do not delay and come to us for a consultation!