Many organizations participate in various tenders. But at the same time, they often don’t know how to properly compile and certify tender documents. Moreover, such a question is one of the most important ones that require special attention. Both the procedure and the composition of the tender documentation are determined by laws and regulations to which they are required to comply.
Tender Concept
Tender is a competition for the provision of services, goods or the performance of any work. The rules for conducting such selections are indicated in the tender documentation, according to which participants who want to take part in the fight must provide the commission with the most favorable conditions offered to the customer.
The tender contract is concluded with the participant who can provide the most advantageous offer for the organizer, the latter must fully comply with the instructions issued.
Tender documentation is a package of documents that discloses the conditions of the tender and the content of the future contract.
It necessarily contains both technical and commercial parts.
The technical part consists of information about the conditions of the contract, characteristics and descriptions of the subject or object of bidding, instructions intended for suppliers, as well as information cards that indicate the procedure for the implementation and submission of applications for participation in tenders. Also in this part are the requirements for the content of the purchase order: name, volumetric schedules, references to standards and technical conditions.
The commercial part of the tender documentation contains all prices and the procedure for their calculation, conditions established by the schedule of payments, sources of financing for this contract. It also indicates the guarantees provided by the bank for the execution of the tender transaction by the customer, and the requirements for various types of insurance.
Tender documentation, a sample application and recommendations for filling them out are contained in the MDS 80-4.2000 Gosstroy of Russia. The more detailed content of the documentation is determined by the tender committee.
Drawing up procedure
Preparation of tender documents is a separate, very important and inalienable procedure for conducting any competitive bidding. It stipulates in accordance with applicable law the content of personal data, such as:
- Name of the organizer.
- His legal address and phone numbers.
- Fax numbers and email addresses.
- Price, place and terms of obtaining a package of documents.
Inspecting authorities always put forward requirements for the availability of a draft contract from the list of conditions to be set. The documentation also indicates the method for evaluating the proposals made using a specific system.
Registration
The development of tender documentation can be carried out both by the organizer and a special consulting company. To compile it, you can use the standard samples and methodological recommendations, as well as the legislation, which spells out the regulatory requirements for compilation. You can also contact the financial center, where a specialist in tender documentation will offer his services for its competent preparation. There you in short time provide professional and qualified assistance.
Content
The tender documentation form, in addition to information intended for future bidders, should contain such information as the numerical and detailed content of the documentation package drawn up by the supplier, expressed confirmation of his application for participation:
- Application for participation.
- Description of attached documents.
- Bank reference on the absence of any overdue debts.
- Required technical, operational and quality information, as well as a detailed description of the procured materials and goods.
- Draft contract for planned purchases.
- Methodological instructions for making calculations on the tender application, including its components, such as the expense for the payment of insurance and customs payments, transportation services, various taxes and duties, in addition to the cost of the delivered goods, as well as a detailed price table.
- The currency with which prices are expressed in the tender is indicated.
- Requirements for tendering.
- The possibility of changing or revoking these applications during and before the deadline for the announcement of the tender results is discussed.
- Deadlines, place of submission of applications.
- Place, date and time of opening envelopes for tenders.
- Information on the possibility of providing priorities for domestic manufacturers.
A potential supplier has the right to apply in writing to the organizer of the tender with a request for clarification of clauses and provisions of the tender documentation no later than 10 days before the final decision. In turn, the tender organizer must, within three days from the receipt of such an application, send appropriate explanations to all suppliers participating in this tender, without indicating the author of the initial request.
Making changes and additions
Additions or any changes may be made by a specialist in the preparation of tender documents at the request of the tender organizer. Such actions are not unlawful or unlawful. If necessary, the tender organizer has the right to make changes to the package of documents related to the expression of his own initiative or as a response to a request from a potential supplier, no later than 7 calendar days before the deadline for submitting tenders.
After making changes about them, it is immediately necessary to notify all potential suppliers to whom the tender documentation was issued. The deadline for the implementation of such notifications and the replacement of batch documentation is set at 5 working days.
Tender Application Content
Requirements for tender documentation determine its composition:
- Application for participation in the tender and a list of submitted documents attached to it.
- Documents confirming compliance with the requirements put forward to a potential supplier.
- The price table, which should fully reflect all actually received costs, participating in the final price.
- If the tender is the supply of any goods or technical devices, then be sure to attach the technical characteristics of the proposed models.
- The price of the proposed list of related services, if any.
- The original document, which is the actual confirmation of the guarantee of the tender.
Documents confirming the compliance of the potential supplier with the proposed qualification requirements
Each potential supplier who decided to take part in the tender is required to provide the following documents:
- Copies of licenses that confirm the right of a potential supplier or manufacturer to carry out their activities.
- A copy of the document providing the right to engage in entrepreneurial activity, certified by a notary authority.
- The original audit for the last reporting year or a notarized copy thereof.
- Certificate of state registration of the organization or enterprise and its copy.
- In case of individual entrepreneur - a copy of his identity card or civil passport.
- The charter of the organization indicating the composition of its founders, shareholders, as well as all shareholders in the form of a notarized copy.
- The original certificate issued by the tax authorities stating that the supplier does not have tax arrears.
- Certificate from the bank institution on the absence of past due debts for the last 3 months of activity.
Pricing table
Registration of tender documents takes into account price lists. A potential supplier is obliged to draw up a price table indicating and listing the units of goods, the total total price for the entire supply. It should be compiled and presented in the form of both printed and electronic price lists.
The table is also a technical specification for the goods and services provided and must fully meet all the requirements set out for the tender documentation.
When tender documentation is being prepared, the composition of the final prices is determined. The indicated value, in addition to the own price of the goods, should include in its composition:
- Expenses incurred after certification, insurance procedures and transportation of goods to a specified destination.
- All tax payments, duties and other types of obligatory payments and fees, which are provided for by the current legislation of the Russian Federation.
- Other price components that the potential supplier considers necessary to include in the final price of the goods.
If the potential supplier does not indicate various components of it in the price table that include the costs described above, then the tender commission considers the data on the price of the goods provided by it as the total cost, taking into account all costs. In this case, these prices at the conclusion of the contract can no longer be revised or changed.
The prices indicated in the table remain fixed throughout the entire term of fulfillment of contractual obligations on procurement and supplies and cannot be changed.
Prices are indicated in the currencies that were specified in the requirements put forward at the time of application for the tender. Payment to the supplier is made upon delivery of the goods to the destination, as budget funds arrive, unless other conditions are provided and indicated in the contract.
Application security
In some cases, the supplier provides guarantee collateral, expressed in cash, in the form of a pledge to the organizer's bank accounts, in the amount of at least 3% of the final amount in the contract, with a validity period of at least the established time frames specified in the body of the tender.
Guaranteed financial support of a potential contractor for the implementation of the tender in the form of a pledge of a sum of money is deposited in a specially created account of the tender organizer.
If the potential supplier does not win the tender, the funds provided to the organizer as a guarantee of his financial ability will be returned within the deadlines established in the contract.
Submission of tenders
Tenders are provided by potential suppliers in a stitched form, numbered and must be stamped and signed.
The technical specification of the tender, also secured by signature and seal, and the original guarantee guarantee are also submitted. These documents are sealed in one envelope together with the tender application and submitted to the commission.
Only the potential supplier or its official representative can sign the application. It is not allowed to have inserts, subtables and various posts in the documentation.
Potential suppliers self-manually seal the documents in an envelope, which indicates the name and legal address of their organization, and the tender organizer, the date and time set for opening the envelopes are indicated in the form of the inscription "do not open until ..." as the delivery address.
Tender documentation can be sent both personally and with the help of post offices within the established deadlines. Any tenders received after the set dates and times are rejected or will be returned unopened to the applicants.
Without violating the deadlines and the established procedure for tender documentation, correction, replacement of conditions, prices and the like can be applied to its design. It is possible to make some changes or final withdrawal of the tender before the deadline expires without losing the right to make or secure it. A notice drawn up by a potential supplier about the intention to correct or completely withdraw its application is sent to the organizer in writing and no later than the specified deadline for its submission. At the end of the established date and time, such adjustments cannot be made.
After all applications have been accepted within the specified time, the tender organizer opens the envelopes and, with the help of the tender commission, selects the winner, who is announced by written notification of all potential suppliers participating in the decision, with a copy of the minutes of the tender commission.
Proper execution and documentation largely determines the success of the tender itself.
