Let’s assume that we have already found a tender that is in our field of interest and relates to the objects of our company. In order to check whether our company will have a high chance of winning the tender, we need to carefully analyse the tender’s requirements. In the tender documents we will find information that indicate exactly what the contracting authority expects from us, what we are obliged to comply with to take part in the tender and what our experience should look like.
From there, we explain step by step how to navigate through the documentation, what to look for, what steps to take and what to take care of in order to successfully bid for a public procurement tender.
DEADLINES
Deadlines in a public procurement procedure are very short and you need to act quickly. Often there is less than a week’s time to submit an offer, where you have to gather documents and calculate the offer.
In the documentation you will find the most important terms:
- Deadline for submission of bids,
- Tender validity deadline,
- The deadline for the opening of tenders, and
- The deadline for the execution of the contract.
DEPOSIT
A deposit is not mandatory, but the contracting authorities often require it. NOTE: it must be deposited before the deadline for submission of tenders and must be maintained uninterruptedly until the expiry of the deadline for submission of tenders.
A security deposit may be provided either by paying a specified amount of money to the contracting authority or by providing security for its payment in strictly defined forms like bank guarantee.
SETTING UP AN ACCOUNT ON THE PLATFORM
One of the basic things you should do is create an account on the website of the tender you are interested in. Without having an account, you will not be able to bid properly.
The transmission of tenders in the procurement procedure is carried out by electronic means of communication, so you will also need a certified electronic signature or electronic Trusted Profile in Poland (that is called e-puap) to sign the documents properly.
TENDER PARTICIPATION CRITERIA – CONDITIONS
Tender participation criteria must be equal for all potential bidders, as well as appropriate to the scope and value of the subject of the contract. The conditions for participation in the tender procedure are:
– Knowledge and experience: which consist of adequate technical potential and personnel capable of performing the contract. The contracting authority may also require the supplier to prove that it has performed and duly completed, within the period specified by the contracting authority, one or more contracts relating, for example, to the construction of an arena, a sports and entertainment hall, a sports complex or any other type of construction with specific parameters.
– Economic and financial situation: the contractor must demonstrate that it has creditworthiness or financial resources in a specific amount.
SIGNING OF DOCUMENTS
IMPORTANT NOTE
Signing correctly all the documents you will be submitting is really important. Many companies operating abroad on a daily basis are familiar with the practice of signing documents on sites such as DocuSign and other similar tools.
In public procurement proceedings in Poland, the document signed by such a tool will not be deemed as signed correctly.
So how can this be done?
You can use the signatures according to the principle of representation in your company:
– a qualified electronic signature, or
– using a Trusted Profile (e-puap).
Please remember, these are the only methods and there are no exceptions to them.
A qualified signature is an electronic signature that is verified by a qualified certificate electronically. It has the legal effect of a handwritten signature. A trusted profile is a validated set of data that uniquely identifies its holder in the services of public entities on the internet. The trusted profile is secured in such a way that no one but its owner can use it. It is up to you which form you choose, the most important thing is that it has to be one of those described above.
SUBMITTING THE BID
Please note that if something is unclear to you, you can always ask questions about the documentation. Before submitting a bid, you have the right to ask questions about any of the documents. Especially when it comes to contractual provisions, the contracting authority must answer your questions and clarify any uncertainties if you ask them in a statutory time.
It is important to know that you must also submit other documents in addition to the bid such as:
– a statement of not being subject to exclusion, meeting the conditions for participation in the proceedings or the selection criteria;
– power of attorney and other documents confirming the authorisation to represent the contractor;
– an undertaking by a third entity to make resources available to the contractor – this is applicable only in the situation when you involve third party and rely on the third entity’s resources to some extent to execute a contract.
Lastly, it is important to remember that each tender is different, and the contracting authority may impose different requirements on contractors. We understand that it can be difficult for you to navigate through formalities properly, but we observe that with the help of an experienced lawyer, it is not very problematic – you will receive professional support at every stage including preparations, the tender procedure itself, as well as after your bid has been selected. Are you interested in making a bid in a public procurement in Poland?
Should you have any questions, please contact us at: office@legallysmart.pl Let’s turn your capabilities and offer into reality so that you could execute your public procurement contract in Poland soon.
