Preparation of tender documentation for the tender customer

One of the most important steps for successful participation in public procurement is the preparation of tender documentation. In this context, special attention should be paid to compliance with all legal requirements for the correct execution of the necessary documentation. It is quite difficult to take into account all the nuances on your own. Our lawyers offer the service of preparing tender documentation for the tender customer.

What should be the structure of the tender documentation?

First of all, let us note that the final result of the auction will depend on the correctly formed requirements in the tender documentation (hereinafter referred to as the TD).

Before developing documents for organizing the tender, you need to familiarize yourself with the requirements of Article 22 of the Law of Ukraine “On Public Procurement”. This article clearly states the mandatory requirements for the TD, as well as those that can be determined at the discretion of the customer.

For participants in public procurement, the TD is a kind of instruction. The document is uploaded to the Prozorro electronic platform, after which it is freely accessible to both participants and interested regulatory authorities. That is why it is worth taking a responsible approach to the preparation of tender documentation.

It is necessary to remember that clearly defined requirements for the technical characteristics of the subject of procurement are the key to obtaining the desired result. It is worth describing in detail the product you plan to purchase:

1. Technical features.
2. Quantitative and qualitative characteristics.

We recommend clearly specifying the requirements for the functional and technical characteristics of the procurement object (you can additionally specify which TU and DSTU the product must comply with).

Special attention should be paid to the qualification requirements for suppliers (a clear list is specified in Article 16 of the Law of Ukraine “On Public Procurement”).

The customer has the right to require a potential supplier to comply with one or more of the following criteria:

• Availability of material and technical base, technologies, equipment.

This criterion is advisable to establish in cases where the subject of the procurement is work that is subject to verification. For example, the customer may require a certificate of availability of specific equipment.

• The presence of employees with appropriate qualifications with the necessary theoretical knowledge and experience in the staff of the potential winner of the tender.

It is better to use this criterion if the availability of employees with appropriate education, level of qualification, etc. is of fundamental importance for the customer.

Example: for technical maintenance, the supplier must necessarily have a medical worker. In this context, the customer may require a certificate of availability of employees with appropriate qualifications.

• Documented experience in the implementation of similar contracts.

For the customer, this is one of the most relevant qualification criteria. If the bidder has previously supplied similar goods to another customer and can confirm that he did so in good faith and with high quality, the probability of the reliability of the potential supplier increases significantly. However, to determine this criterion, it is worth additionally specifying:

1. Method of confirmation (copies of contracts, letters of recommendation, etc.).
2. Determination of the characteristics of a similar procurement item.

• Confirmation of the bidder’s financial capacity.

Limitations for this criterion: the customer cannot require a report confirming the amount of income for the year in an amount that exceeds the expected cost of the procurement item.

What should be avoided in a tender document?

First, we do not recommend requiring a large number of documents. Excessive bureaucracy is not a guarantee of purchasing a quality product, service, or work. In some cases, the opposite result may occur – a large number of unnecessary documents leads to the rejection of participants’ proposals and even to the cancellation of the tender. Before prescribing a particular requirement, it is worth carefully analyzing whether a particular document carries important information for you as a customer. Therefore, our lawyers do not recommend overloading the tender document with the requirement to provide optional documents.

Second, the requirements for potential suppliers in the tender document should be clear. Avoid vague wording. For example, if you require that the product/service comply with a certain standard, specifically indicate which one.

Third, add a list of documents that must be additionally provided by tender participants in a separate appendix to the tender document. Quite often, customers specify various requirements for participants’ documents in the tender document. These requirements can be written in different places of the tender document. This significantly complicates the preparation of a tender offer by a potential supplier. That is why it is better to indicate the list of documents separately, in the appendix.

Our lawyers will help prepare tender documentation for the tender customer in accordance with all the requirements of current legislation!

We are waiting for your consultations!