Risks when sending out tendering documentation

Documentation issued to bidders at different times

Risks

  • One bidder gains a time advantage over the others
  • Challenge of favourable treatment to some bidders

Solutions

  • Where bidders are selected, issue the quotation/tender documentation to all firms at the same time
  • Where the requirement has been advertised ensure the documentation is available for download, the bidders should be able to access the documents at a time that suits them

Bids not held in secure location

Risks

  • Open to challenge that one or more bids could be tampered with

Solutions

  • All submissions should be clearly marked with the reference number and the appropriate closing time to indicate that they are a bid
  • When received, each submission should be marked with the date and time of receipt and then stored in a secure location until after the stated closing date and time

Bids not opened at same time

Risks

  • Open to challenge that details of one bidder’s submission is being communicated to another

Solutions

  • All submissions should be clearly marked with the reference number and the appropriate closing time to indicate that they are a bid
  • When received, each submission should be marked with the date and time of receipt and then stored in a secure location until after the stated closing date and time

Documentation issued very late or with very quick turn-round time

Risks

  • The bidders have insufficient time to prepare a competitive bid
  • Open to challenge under the EU procurement rules that timescales are insufficient

Solutions

  • A realistic timetable should be established and adhered to for the competition
  • Sufficient time must be given. This principle has been confirmed in below-EU tender challenges in the European Court

Very short timescales at each stage of process

Risks

  • The bidders have insufficient time to prepare a competitive bid
  • Open to challenge under the EU procurement rules that timescales are insufficient

Solutions

  • A realistic timetable should be established and adhered to for the competition
  • Sufficient time must be given. This principle has been confirmed in below-EU tender challenges in the European Court

Single person involved in the process

Risks

  • Open to challenge of collusion with other bidders in the competition
  • Lack of transparency in the procurement process and spending of public funds

Solutions

  • Ensure that there are different people involved at the different stages of the procurement cycle so that there is a demonstrable separation of duties