In accordance with the Law of Ukraine “On Public Procurement”, economic and legal foundations have been established for the implementation of the procurement process of works, goods and services that will meet the needs of the state. Paragraph 29 of Article 1 of the Law states that tender documentation is documentation that specifies the conditions for conducting public procurement. These conditions are developed and approved by the customer and posted on the website of the Authorized Body. Tender documentation does not act as an object of copyright or related rights. The development of tender documentation is one of the areas of work for the lawyers of PRIKHODKO & PARTNERS.
We provide our clients with legal assistance in preparing not only documentation, but also bids. In order to avoid different understanding of the provisions of the tender documents, we will explain them in detail. If public procurement laws are violated, we will be able to challenge the illegal requirements of the tender documentation.
Features of the tender documentation
By structure, the tender documentation resembles an instruction. It is on its basis that suppliers prepare their proposals. Among the most important elements of the tender documentation:
1. Qualification criteria for suppliers.
2.Characteristics of the subject of procurement (qualitative, quantitative, technical).
4.Indication of the evaluation methodology and criteria for tender proposals.
5.Information about language, currency, etc.
Features of the tender documentation are regulated by Article 22 of the Law of Ukraine “On Public Procurement”. In addition, the Ministry of Economic Development of Ukraine approved the Indicative Tender Documentation. It is not mandatory, however, on its basis, you can create your own tender documentation, taking into account the specifics of procurement.
In the process of preparing tender documentation, PRIKHODKO & PARTNERS lawyers avoid requirements that may fall under the category of “discriminatory”.
Tender documentation is not a mandatory element when conducting a simplified procurement option. Also, the tender documentation is not used in the negotiation of procurement procedures.
Evaluation of proposals in tender documents
According to clause 9 of part 2 of article 22 of the Law of Ukraine, the customer independently determines the methods for evaluating tender proposals. In addition, value added tax accounting is important. It is also included in the tender documents. The tender proposal is submitted to the customer in accordance with the above requirements for tender documentation.
Is it possible to make changes to the tender documentation?
In accordance with the second part of Article 23 of the Law of Ukraine “On Public Procurement”, it is established that before the deadline for submitting tender proposals, the customer can make changes to the tender documentation. These changes may be made on the own initiative of the customer or on the basis of a decision made by the appeal body.
If changes have been made to the tender documentation, this must be declared at least 7 days before the deadline for submission of tender proposals. The date of making changes to the tender documentation is the date of their placement in the electronic procurement system. All changes are placed in the form of new documentation for participation in tenders.
When making any changes to the tender documentation, the customer prepares and places two documents in the electronic system:
- New version of the tender documentation.
- List of changes to the tender documentation.
Why PRIKHODKO & PARTNERS?
Tender lawyers PRIKHODKO & PARTNERS are professional lawyers who will help you quickly and efficiently prepare tender documentation. Among the services provided by our experts:
- Providing advice.
- Preparation of tender documentation.
- Legal support of participation in tenders.
- Preparation and filing of a complaint at different stages (when assessing the conditions of the tender documentation, qualification, prequalification).
- Appealing the results of the tender to the Antimonopoly Committee.
- Appeal against the cancellation of the tender.
Turning to lawyers for tender purchases “PRIKHODKO & PARTNERS” for help, you can count on complete confidentiality, which is protected by attorney-client privilege.
We guarantee the quality of all services provided and do everything necessary to effectively protect the interests and rights of our clients.
Contact for advice!