Sometimes, the customer who purchases under 223-FZ faces a problem: he cannot choose which supplier to give preference to. In this case, he has the right to rebidding. This, in fact, is another auction with specified conditions. They often help customers improve contract parameters during tenders and get a more significant reduction in prices at auctions.
What it is
The rebidding according to 223-ФЗ is an additional stage of bidding, a tool that allows participants to improve their bids. If we are talking about an auction, then suppliers can further reduce the cost of the contract. When the rebidding is carried out during the competition, it is possible to improve not only the price, but also other conditions. As an option, this can be a reduction in the delivery time of goods or work, a reduction in the size of the advance payment, improvement of warranty conditions, and so on.
Rebidding allows the customer to conclude a more profitable contract, and the supplier - a little more "move" and increase their chances of winning. It is advisable to resort to it if the candidates selected by the customer have offered similar conditions. In practice, quite often, rebidding is used in the procedures for determining a supplier under contracts providing for a large volume of supply or during complex purchases.
When can I spend
The rebidding procedure is optional and can be carried out by the customer, if he considers it appropriate. However, the conditions under which the rebidding is carried out must be defined in the Procurement Regulation. In addition, the very fact of the possibility of carrying out, as well as the procedure and rules of rebidding, must be included in the documentation of a specific purchase. The bottom line is that the supplier, preparing for the procedure, understands in advance that the customer will be able to announce the rebidding if necessary.
As for the specific rules, then the law gives everything to the discretion of the customer. He decides, for example, whether to limit the number of participants of the rebidding or to allow everyone. The customer can also determine the conditions under which the rebidding should be carried out. For example, if the deviation of the price from the initial (maximum) is a certain percentage. Some customers rebid after each procedure in the hope of receiving additional preferences.
Also note that the customer may not be limited to one rebidding. This happens if he sees the potential for further reducing the price of the contract or improving its other conditions. In this case, he can repeat the procedure.
Rebidding forms
A rebidding can be conducted in person and in absentia. In the first case, suppliers participate in tenders (usually in electronic form) and see each other's offers. This whole process resembles an auction. The supplier can improve its application during such rebidding only in terms of price. In this case, the customer may impose a limit on the number of bets from one participant. For example, rebidding can be a submission by each of the allowed participants to it for only one price offer.
Absentee bidding is a procedure involving anonymous filing of applications. The process is like holding a competition - applications are collected by the customer in a closed form and opened simultaneously. The parameters by which you can improve your application are determined in advance. Since the participant does not see other applications, he has no one to bargain with. Therefore, regarding the scale of improvement in his proposal, he has to focus only on himself.
Stages
Like the bidding itself, rebidding is a multi-stage procedure. The decision on its implementation takes place after a preliminary assessment of applications. Next, the process goes in several steps.
- Announcement of rebidding. This information must be placed in the application review protocol, as well as additionally notify the participants in your personal account on the electronic platform (if the electronic procedure is carried out).
- Receiving new applications. By the way, suppliers are not obliged to improve their offers during the bidding process. If the participant believes that during the main bidding he proposed the minimum acceptable terms of the agreement, an application for hauling is not sent.
- Evaluation of applications received. Proposals of participants are evaluated according to the criteria established by the procurement documentation. If one of the suppliers did not want to participate in the rebidding, it will be considered that he made the final offer during the main auction.
- Decision making on the winner and presentation of the results of the procedure. The supplier whose application is recognized as the best according to the results of the last rebate wins. If two participants submitted absolutely identical proposals, then the one who did it first is selected.
Is there a rebidding under 44-FZ?
In general, the law on public procurement does not provide for rebidding. The exception is the request for proposals - it has the stage of submitting the final proposal, which is very similar to rebidding. True, this form of competitive procurement itself is not used very often, since it can only be carried out in cases strictly specified by law.
To summarize
So, rebidding is in some cases a very convenient mechanism to improve the terms of the contract. Conduct it or not - the customer decides. Sometimes he refuses this, because the winner’s proposal completely suits him. It is important that the possibility of rebidding is provided for in the Provision on procurement and documentation. Everything regarding specific rules - they are regulated by the customer. The supplier has the right to decide whether to take part in the rebidding or not.