1. Phases of the public bidding process – Macro and Regulatory Scope
2. Steps in the public bidding process – Micro and procedural scope.
01
In our current regulatory framework (European Directives of application and Law 9/2017 LCSP – Public Sector Contracts Law) up to 5 Phases are differentiated:
1. Preliminary internal phase – BID PREPARATION
This is the phase in which the Contracting Authority/Awarding Authority expresses a need for the expenditure, justifies the need, includes the technical and legal aspects and decides on the form and type of contracting and finally approves the file. With the approval of the file, the announcement will be published with the object of the contract and file number, the supporting memorandum as well as the Administrative Conditions and Technical Specifications.
2. Bidding Phase – SELECTION AND EVALUATION OF SUPPLIERS
With the announcement and the published file, the Bidding phase begins, in which interested suppliers will prepare their bids within the deadlines and terms established in the Bidding announcement. The phase culminates with the provisional award first and then the definitive award of the most advantageous proposal.
3. Formalization of the Contract
Once the capacity and solvency requirements of the company with the best valued offer have been checked and validated, the contract is signed by both parties: Contracting Body and the awarded company.
4. Execution of the Contract
With the terms agreed in the contract and the observance of the commitments assumed, the execution phase of the work begins: works, supplies or services within the term foreseen for this service.
5. Termination of the Contract
At the end of the term of the contract, it shall be terminated in accordance with its initial duration plus any extensions, if any.
02
When we want to opt to be awarded a bid and we intend to materialize the business opportunity presented by a given public procurement, we must follow the following steps
1. Inform us in time of publication
Given that an infinite number of tender announcements are published daily (put an approximate number of published files and contracting bodies that publish announcements ….), it is essential to have a good alert system to be informed of the public procurement options that interest us according to their geographic scope, subject of the contract, amount… We will be short of time, so every hour gained will allow us to work our offer with greater guarantees.
2. Advertisement
The invitation to bid will be accompanied by all the information about the project:
The reading of all this documentation will allow us to decide whether or not to present ourselves to the studied Bidding.
3. Preparation and submission of bids
We have decided to apply and will have a short period of time to prepare our best proposal. The deadline will depend on the type of contract and bid amount, but on average we will have between 10 and 20 days.
This is the time to sharpen the pencil to make an effective cost study that will allow us to be competitive and to be creative so that our technical solution stands out from the competition.
By the deadline for submitting proposals, we must have our documentation reviewed and in perfect condition. There can be no last minute surprises so we must plan the last step of our bid submission so that we can deal with any last minute imponderables. Digital certificate, revised and duly signed documentation and submit our bid. The die is cast…
4. Award and signing of the contract
Our bid has been the best valued and we are required to prove that we have the capacity and solvency conditions to be hired. We are provisional awardees.
After this formal accreditation, correcting any incidence of interpretation of the Contracting Committee, we will be publicly declared as final awardees. We will have 5 days to review and sign the contract, thus formalizing our contractual relationship with the Contracting Body.
5. Execution and termination of the contract
Now it is time to do what we do best, work. We will provide the service, execute the works or supply the orders of the Contracting Body in accordance with the commitments assumed in the Contract and defined in the Contract Specifications.
After the extension period, if any, we are ready to compete again with the maximum guarantees in the next Bidding.
Whatever your sector, participation in public tenders can only offer you important business opportunities.