How to properly submit tender documentation. The price of tender documentation development

Participation in public procurement is an important strategy for business, aimed at obtaining new opportunities and its development. Nevertheless, successful participation in tender procedures requires proper preparation and careful study of all requirements and rules established by the customer. In addition, it is also important to understand how to correctly submit tender documents in order to increase your chances of success in public procurement. Therefore, if you have such questions, the "Prykhodko and Partners" law office will provide you with reasonable explanations regarding them.

What should be understood by tender documentation?

Tender documentation is a set of documents containing initial information about the technological, commercial, organizational and other characteristics of the object and subject of bidding, as well as the conditions of the bidding procedure. That is, in essence, this is a specific instruction for tender participants, which will depend on the outcome of the tender in Prozoro.

What information should the tender documentation contain?

The Law on Public Procurement states that the tender documentation must contain, in particular:

• detailed instructions for preparing tender offers;
• one or more qualification criteria specified in Art. 16 of this law (financial capacity of the tenderer, etc.);
• the exact quantity of the product and the place where it should be delivered;
• the place where the relevant services or works must be provided;
• terms during which work must be performed, services provided and goods delivered;
• a draft purchase agreement, which must contain provisions on how to change its terms;
• the validity period of the tender offer, i.e. the period during which it is considered valid;
• deadline for submission of tender proposals, etc.

The above list is incomplete, and therefore all the information that should be noted can be found in Art. 22 of the Law on Public Procurement.

Advice! If you need to develop the tender documentation correctly, contact the Prykhodko and Partners law firm. We will certainly help you with the preparation of the documentation and advise on its development at a cost.

What requirements cannot be stipulated in the tender documentation in accordance with the Law "On Public Procurement"?

1. Specific brand or manufacturer (Part 4 of Article 23) - if it is necessary to specify the brand or manufacturer in the technical documentation, then use the word "equivalent";
2. Public information that can be found in open access (Part 5 of Article 17 and Part 4 of Article 22) - if the information is freely available, do not require documentary confirmation of it;
3. Certification of documents by participants (Part 5 of Article 22) - if a participant submits documents through the electronic account on Prozoro, do not require them to be certified with the seal or stamp of a person authorized to do so;
4. Limitation of competition (Part 4 of Article 22) - do not specify provisions in the tender documentation that limit competition among participants in public auctions and discriminate against them in a certain way.

Separately, it should also be noted that the requirements of national standards for the relevant procurement items provided for in Clause 29 of the Resolution of the CMU of October 12, 2022 No. 1178, namely in the case of open tenders for the purchase of solid fuel, gasoline, diesel fuel, natural gas, natural gas liquefied gas for road transport, liquefied gas for communal and household consumption and industrial purposes, as well as electric energy, clauses 1 and 2 of the second part of Article 16 of the Law of Ukraine "On Public Procurement" are not applied by the customer.

If you want to submit tender documents correctly, please contact the Prykhodko and Partners law office. We will prepare all the necessary package of documents, as we have relevant experience in working with public procurement. To calculate the price for tender documentation development, fill out the form below.