To date, the tender is a mandatory component of public procurement. According to the current Ukrainian legislation, the vast majority of state-owned enterprises must hold tenders for the purchase of goods and services that are necessary for the full performance of their functions. This opens up broad prospects for performers who can participate in government contracts. In order for your participation in the auction to become effective, you should seek the help of professionals. Preparation of tenders in a transparent manner is one of the activities of PRIKHODKO & PARTNERS specialists.
Features of auctions for public procurement
The customer announces the beginning of the public procurement auction. All data appears on the ProZorro online platform. Additionally, accompanying information is placed, which contains information on the conditions for participation in the tender, as well as a list of documents of potential executors.
The customer must indicate:
- Requirements for works/services/goods. It can be quantity, quality, technical parameters, exact list of proposals.
- Criteria and methods for evaluating proposals.
- Permissible skill level of the performer.
If more than 10 days are left before the deadline for submission of proposals, the participants should clarify with the contracting authority any information related to the content of the documents. A response should be provided within a few days. During the discussion, some conditions of public procurement may be changed with the extension of the deadline for submission of proposals by 7 or more calendar days.
At the moment when the auction takes place, the electronic system automatically starts sorting the offers in accordance with the decrease in price. This information becomes available at the stage of the announcement of the auction held in 3 stages. In a predetermined order, participants get the opportunity to reduce the price. There are no clear restrictions, however, the reduction step must exceed the minimum step of the current auction. Each new stage starts from the last price indicated. Potential executors should keep track of how the tender is made and what actions competitors are using. PRIKHODKO & PARTNERS lawyers use this information to adjust their own bidding strategy.
Is it possible to link a plan and a purchase?
In all procedures through Prozorro it is possible to combine the tender and the plan. However, not all procurement procedures require such a combination. Procurement with reference to the plan is made for the following procedures:
1.Open bidding (including publication in English).
2.Negotiated procurement procedure (traditional and reduced).
For non-electronic purchases and pre-threshold purchases, do not link a plan to a purchase.
Tenders continue until the final winner is determined. There may also be an option to reject all applications (in this case, the auction receives the status canceled).
Actions after the tender
After the final stage of betting is held, Prozorro opens the public access to the available information about offers for all participants. As a result of comparing such factors as the conditions for providing the subject of public procurement, price, qualification documents, the winner of the auction is selected.
An addition to the results of the auction is the official statement of the customer on ProZorro about the conclusion of the contract. This information is available to all bidders. They will be able to analyze the competitive advantages of the winner. If any of the executors conclude that the system failed to conduct a tender without violating the current Ukrainian legislation, they have the right to send appropriate complaints to the authorized committee.
Why PRIKHODKO & PARTNERS?
Lawyers of PRIKHODKO & PARTNERS will help to prepare and announce a tender in a transparent manner, as well as form a winning strategy for participation in the auction.
We guarantee the provision of professional legal services to achieve the desired result. All you need to do is fill out the feedback form on the main page of our website.
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