Publication date: 12.02.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Tender documentation is the basis of public procurement, as a process that enables customers to purchase services, goods, and works. In general, the tender documentation is a set of documents that reflect the conditions of the tender, the characteristics of the desired goods, works, or services and many other subtleties on which the effectiveness of the procurement depends. Since the legislation allows customers to independently develop, approve and publish documentation, a comprehensive and thorough approach to this preparatory stage of the tender is extremely important. It is indisputable that, in addition to the exceptional value of the tender documentation, the goal pursued by the customers is also important, namely, the establishment of requirements on which the participants will be oriented in the future, the rules of participation are specified, competitive conditions are ensured, and the criteria for the evaluation of offers are determined.
Features of the tender documentation:
An extremely important aspect in the process of developing the tender documentation is compliance of its content with the requirements of the law. The documentation must include the following provisions: instructions for the preparation of tender offers, qualification criteria chosen by the customer (availability of the necessary equipment, qualified employees, experience, finances at the participant), as well as the procedure for confirming the participant's compliance with the above-mentioned criteria, qualitative and quantitative characteristics of the subject of procurement, a list documents to confirm compliance of the item with the established requirements, terms of delivery of goods, performance of works, or provision of services, draft contract to be concluded with the winner of the tender, etc. The period during which the tender documentation will remain valid is determined by the customer, but together with this legislation, it is assumed that such a period should be at least 90 days from the date of the deadline for submission of proposals by participants. If the customer considers it necessary to include other information in the tender documentation, in addition to those listed in the law, he can do so. As for prohibitions, the content of the documentation should not include requirements that would limit competition or lead to discrimination of participants. Requirements for certification of documents (seal, signature) that are part of the participants' proposal are also inadmissible, if such documents are submitted in electronic form with an electronic signature.
Providing explanations to participants and making changes to the documentation:
If a participant (individual or legal entity) wishes to receive clarification on the content of the tender documentation, he has the opportunity to contact the customer no later than ten days before the deadline for submitting proposals. The appeal may also refer to the elimination of violations in the tender process. In turn, the customer. must respond to the electronic appeal and provide an explanation within three days. It is extremely important not to miss this three-day period, because if you miss it, the electronic system will automatically stop the tender process. The process can be resumed by providing the necessary explanation to the participant, and at the same time, the deadline for submitting proposals can be extended by at least seven days. As for the introduction of changes, the customer is obliged in such a case to extend the deadline for submission of proposals in such a way that the interval between the introduction of changes and the final deadline for submission of proposals is at least seven days. All changes made by the customer must be reflected in the electronic system and have the form of a new version of the tender documentation. The customer must also publish a list of the changes made to the documentation. The list should be contained in a separate document.
Business lawyer for the development of tender documentation:
Since the tender documentation must fully comply with the requirements of the law, be clearly structured and meaningful, the services of lawyer for business are strongly recommended. Legal services for business will ensure the preparation of documentation taking into account the wishes of the customer, the introduction of all the necessary provisions, and if necessary, they will help with the new edition. In general, legal protection of business may be needed at each stage of the tender, so it is extremely important to secure high-quality legal support in advance.
