Audit of tender documentation before publication

Tender documentation is a set of documents provided by the customer before the tender announcement. These documents contain the conditions for participation in public procurement. The content and design of tender documentation (hereinafter referred to as TD) must comply with current legislation (the Law of Ukraine “On Public Procurement”).

In the process of drawing up TD, customers are required to take into account various factors, in particular, formal errors. Our company’s lawyers conduct a comprehensive audit of tender documentation before publication.

The most common formal errors

The Ministry of Economy issued Order No. 710 dated April 15, 2020 “On Approval of the List of Formal Errors”. This document contains a list of formal errors.

In the Tender Document, the customer has a detailed description and examples of minor errors (i.e., formal ones). If they are made by participants, this will not lead to the rejection of their tender offers. The category of formal errors includes errors related to the preparation of the tender offer – typos, technical errors, etc. These errors do not in any way affect the content of the tender offer.

• Typical errors in the following areas: use of capital letters, punctuation marks, etc. use of a linguistic expression borrowed from another language.

Among the most common errors, it is also worth noting: an error in the digits of the unique number of the announcement of the start of the tender or in the notification of the intention to conclude a procurement contract; incorrect spelling of words together/separately/through a hyphen; violation of page numbering.

• Errors made during the registration or entry of information into the electronic form.

The main condition is that the specified errors should not affect the cost of the participant’s tender offer and lead to a distortion of the characteristics of the procurement subject.

• The name of the documents is incorrectly specified.

At the same time, the content of these documents must meet the requirements specified by the customer in the tender document.

• Individual pages of the documents are not certified by the seal/signature of the participant in the procurement procedure (if provided for).

In addition, the participant’s tender offer must contain documents to which the participant in the procurement procedure refers. The customer may not indicate in the tender document the need to submit such a document.

Other formal errors may be related to the absence of an original number on the documents, submission of documents with outdated information (name of the city, street, name of the legal entity, etc.).

Important: Order No. 710 specifies formal errors that apply to participants in the procurement procedure. This means that the customer can be guided by this Order, formulating its own list of formal errors in the process of passing the simplified procurement procedure.

The customer cannot reject the tender offer of a participant with a formal error/errors. This is due to the fact that the presence of this group of errors is provided for by the tender documentation. In the protocol of the authorized person, such an error is noted as formal.

Legal support for public procurement

Preparation of the tender document is the most important component of public procurement. The preparation of this document should be approached as responsibly as possible, adhering to the following recommendations:

• No discrimination.

The tender document should not contain requirements that can be considered discriminatory for participants.

• Only clear wording.

To avoid misunderstandings, we recommend using clear wording.

• Accessibility.

The document should specify clear requirements for the quality of services or products.

If you need the help of professional lawyers in creating high-quality tender documentation, contact our specialists.

The lawyers of our company offer a comprehensive approach to supporting the customer in public procurement. We will advise on the application of the norms of current legislation. Our lawyers have extensive practical experience in the field of public procurement.

Audit of tender documentation before publication is a service that will allow you to avoid many problems in the future. The audit will allow you to identify and eliminate possible risks associated with the preparation of the tender document.

In the future, our lawyers will help you conclude a contract based on the results of the auction. Protecting your interests is our priority! High-quality tender documentation is an important condition for ensuring the transparency of the procurement process.

We are waiting for consultations!