Extension of the tender offer consideration period

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Borysuk Natalia Mykolayvna

Lawyer

Ukraine / Volyn Oblast

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Publication date: 18.07.2024

Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.

Legal support of the tender

In modern business conditions, the job of a tender tender support specialist work Kyiv is an extremely important and sought-after profession, especially in such large cities as Kyiv. One of the key services provided by such specialists is legal support of the prozorro tender. This allows companies to participate in public procurement and receive new contracts.

There are various offers on the market regarding the support of turnkey tenders, and the price is different. This may include not only the support of tenders and auctions, which makes the services comprehensive and comprehensive. Comprehensive support for tenders provides clients with a full range of necessary services, from the preparation of documents to the conclusion of the agreement.

Tender support companies provide tender support services throughout Ukraine, which makes them important players in the market.

• The price of support for Ukrainian tenders may vary depending on the volume of work and the specifics of each individual tender. Thanks to their professional approach and experience, these companies help businesses succeed in the competitive environment of tender procedures.
• Evaluation and consideration of tender proposals can be quite difficult, especially when the subject of procurement has technical features. The legislation gives the right to the authorized person (UO), who does not always have specialized knowledge, to extend the term of consideration of tender proposals. This allows her to carefully study the documents, contact the initiators of the purchase, experts and conduct the necessary consultations. Although this right is guaranteed by law, its practical application raises certain questions. This is exactly what will be discussed in this article.

Legislative framework

According to Part 10 of Art. 29 of the Official Gazette "On Public Procurement" dated 12/25/15: "The term of consideration of the tender, determined to be the most economically advantageous, should not exceed five working days from the date of determination of the most economically advantageous offer. It can be substantiated and extended by the customer up to 20 working days days. If the deadline is extended, the customer publishes a notice in the electronic procurement system within 1 day from the day of the relevant decision."

In order to extend the term of consideration of the tender proposal, the MA shall:

1. Determine reasonable reasons for increasing the qualification period.
2. Publish the relevant notice within one day from the date of the decision.

What should be published?

The law or Resolution of the Cabinet of Ministers of Ukraine dated October 12, 2022 No. 1178 does not define a clear form of such notification and its mandatory elements. Therefore, the customer can draw it up in an arbitrary form, for example, by adding to the protocol the extension of the tender offer consideration period. In practice, the protocol itself is often used as a message. If you choose this option, be sure to indicate in the protocol that it is a notification of the extension of the terms of consideration of the tender offer.

When to post?

The legislation requires that the notification of the extension of the proposal review period be published within 1 day from the date of the decision. However, it is not specified when exactly to make a decision. You can make a decision to extend the deadline at any time, but within 20 working days from the date of opening of tenders. We recommend doing this as early as possible, as soon as it becomes clear that additional time is needed.

What is the general deadline for qualification?

In case of extension of the period for consideration of the TA, the total period cannot exceed 20 working days. The first 5 (working) days are included in this period. For example, if the tender offer was opened on July 10, 2024, then:

• The last day of consideration without extension is July 17.
• The last day of consideration with an extension to 20 working days is August 7. 

Is it possible to extend the consideration of the proposal to less than 20 working days? 

Yes, you can, but is it worth it? The law does not prohibit extending the qualification for a shorter period or several times, if you invest in a total period of up to 20 working days. However, it is better to immediately extend the deadline for the maximum period than to write and upload new protocols and messages every two days.

Algorithm of actions

• Prepare a protocol and a notification regarding the extension of the TP consideration period, or only a protocol if you indicate in it that it is a notification.
• 
  In the office of the state customer, go to the procurement page, where you need to extend the term of consideration of the tender offer.
• 
  In the block "Information about the offer of the participant, in respect of which there will be an extension", click the button "Extend the consideration period". In the pop-up window, download the necessary files. Click the "Save" button. 
• Confirm the extension of the review period by imposing the KEP.
• 
  Study the participant's offer within the specified period.

 Support of tenders 

Please note that the system does not show the end date for qualification, but only the total number of days that have passed since the opening of the tender offer.

We offer support of environmental tenders, including legal price support of tenders Ukraine and support of turnkey tenders price. Our team provides support of participation in tenders, guaranteeing professional tender support for the tender. We offer We have different tender support options, the cost of which depends on the specific needs of the client. Our offer includes turnkey tender support and other types of support in tenders, which allows you to optimize the process and achieve the best results.

And finally, 4 nuances why you should involve a specialist.

1. Specialists in the legal support of tenders help to avoid mistakes and ensure compliance with all legal requirements.
2. Involving experts allows you to optimize the cost of tenders support, as they know how to use resources efficiently.
3. Professional tender support of the tender guarantees a detailed analysis of all conditions and requirements, which allows you to prepare a competitive offer.
4. Involvement of specialists in the support of tenders cost in Ukraine ensures effective risk management and increases the probability of receiving a contract.