Providing a tender offer to tenderers

If you wish to participate in public procurement as a participant, special attention should be paid to the preparation of a tender offer. It is quite difficult to independently analyze all the requirements of the customer. The lawyers of our company provide services related to the provision of a tender offer for tender participants.

Requirements for a tender offer

All requirements for a participant in public procurement and the necessary documents are specified in the tender documentation (hereinafter referred to as the TD). To correctly understand the requirements of the customer, it is necessary to familiarize yourself in detail not only with the provisions of the TD, but also with all the annexes.

• It is worth remembering that each tender has its own characteristics, and therefore the requirements for the procurement items also differ. For example, different customers may put forward different requirements for the same procurement item. Accordingly, the technical requirements will also be different.

The Law of Ukraine “On Public Procurement” states that a tender offer is a proposal regarding the procurement item, which the tender participant submits to the customer in accordance with the current requirements. If you plan to participate in public procurement, the first thing you need to start with is a detailed familiarization with the requirements of the TD.

All documents must be presented in the state language (sometimes additionally in other languages). However, there may be exceptions. For example, in the process of purchasing fuel, customers require passports or quality certificates, other documents that can serve as confirmation of the technical characteristics of the fuel. If these documents are in a foreign language, translation may be required (this condition is not mandatory).

According to current legislation, a procurement participant has the right to submit only one tender offer. Provided that the procurement consists of several lots, offers can be submitted for several lots (i.e., one lot is provided by one offer). Prepared documents are submitted through the online procurement system.

In the TD, the customer indicates the validity period of the tender offer. The only restriction established by the Law is not less than 90 days from the date of the deadline for consideration of participants’ offers (information is presented on the procurement page).

Important: the date and time of opening the participant’s offers are determined automatically by the electronic procurement system on the day the announcement is published.

Some information in the tender documentation may be marked by the participant as confidential. Such information is available to: the customer; the appeal body; the State Audit Service. The following categories should not have the status of “confidential information”:

• Technical conditions and specifications.
• Proposed price.
• Documents confirming the correlation with the qualification criteria; absence of grounds specified by the Law.

The participant’s proposal, which will be determined as the winner, is considered within no more than 5 working days (in some cases, at the initiative of the customer, it may take up to 20 working days).

Therefore, before becoming a participant in the procurement, it is necessary to carefully study the tender documentation. It is on the basis of this document that the tender proposal is prepared.

Providing a turnkey tender offer

As mentioned above, preparing a tender offer is a rather difficult task.

That is why it is better to use the services of professional lawyers who specialize in supporting public procurement participants.

For high-quality preparation of a tender offer, which has a high chance of winning, our lawyers will:

• Analyze the tender.
• Prepare the necessary documents in accordance with all requirements.

If the tender offer is ready, we will check the documents provided by the tenderer for compliance with the requirements of the tender documentation. If any shortcomings are found in the documents, our lawyers will add them to the register, send them to the participant and provide the necessary recommendations for their prompt elimination. After preparing all the documents, our lawyers will form a complete package of documents for successful participation in the tender. If necessary, we will submit a proposal. Providing a tender offer for tender participants is a service that will be an important step on the way to obtaining the desired result.

Our lawyers will make every effort to ensure that your proposal is a winner! We look forward to your consultation!