Are you experiencing difficulties in preparing and submitting tenders?
Are your tenders always being treated as non-responsive?
Are you spending a lot of resources in preparing tenders and yet win none?
Here is a bit of assistance from LEGAL WORTHY ATTORNEYS [Website: www.Legalworthy.com)
FIRST AND FOREMOST, YOU SHOULD KNOW YOUR RESPONSIBILITY
In Tanzania processes for procurement of goods, works and services by using public funds are guided by laws and regulations specifically made for these purposes. It is important therefore, that you (tenderers) should be well acquainted with the laws and procedures used when preparing a tender for public procurement. The knowledge will enable you to prepare bids that fully address both the eligibility, technical and commercial requirements contained in the tendering documents (solicitation document).
It is common for many bids to meet ‘sudden death’ during preliminary evaluation simply because the bidder did not take as a matter of survival to prepare a bid that is substantially responsive to the requirements of the tender. Sometimes the ‘sudden death’ is so obvious I keep asking myself whether the Bidder knew what was expected of him in the first place. Most sudden deaths occur at the preliminary evaluation stage and are attributed to issues that are within Bidder’s control such as wrong signing, defective tender securities, non-attachment of the Bidder’s eligibility documents, failure to submit supporting documents, failure to indicate delivery period etc.
Bidders must constantly keep in mind that when Procuring Entities advertise for bid opportunities, they aim at obtaining maximum competition from the bidders, and that this is achievable only if the Bidders submit commercially and technically responsive bids.
A commercially responsive bid is the one that does not contain material deviations to commercial terms and conditions. Likewise, a technically responsive bid is the one that does not deviate from the critical technical requirements of the bidding document such as failure to tender for the required scope of work; failure to meet major technical requirements, presentation of absolutely unrealistic and inadequate implementation plans and schedules.
UNDERSTAND THE EVALUATION PROCESS
It is in your interest, as a bidder, to understand the process of bid evaluation so that you know how well to prepare your bid. Understanding the evaluation process will reveal to you that apart from ensuring that the bid is substantially responsive to the bidding documents, you should also ascertain whether your bid meets the eligibility requirements specified in the tender documents, has been properly signed, is accompanied by the required securities or required declaration signed as specified in tender documents etc.
As part of your responsibility, and in order to enhance the success of your tender in public procurement, you should employ techniques that are necessary to avoid ‘sudden death’ in public tenders. As a strategy, you should be prepared, be vigilant, take time to familiarise with instructions issued in the invitation of each tender. To do that here is a checklist of important requirements for preparation of tenders:
CHECKLIST FOR SUBMISSION OF A RESPONSIVE TENDER/BID IN PROCUREMENT OF GOODS
The following is a summary of a checklist to assist you to prepare a responsive bid in accordance with the Standard Bidding Document for Procurement of Goods issued by the PPRA. The document is available in PPRA Web Site.
- Ensure that you have read and understood the contents of the bidding document and whether you are able to submit a responsive and a compliant bid. This stage is important to enable you to save cost and money for preparing a bid which you are absolutely aware that you cannot meet its bidding and execution requirements.
- List down all issues that you need to seek clarifications from the purchaser. Use the procedure shown in the instructions in the Invitation to Bidders
- Ensure that your bid is complete, properly filled, and properly signed in accordance with the instructions in the Invitation to Bidders
- Make sure that you submit all the documents required in the bid as per the instructions in the Invitation to Bidders
- Ensure that all documents, interlineations, erasures or over writing are initialed as per the instructions in the Invitation to Bidders
- Make sure that the bid is submitted in the language of the bid as per the instructions in the Invitation to Bidders
- Ensure that the bid security is furnished as per
- the instructions in the Invitation to Bidders
- Ensure that you meet eligibility requirements as per the instructions in the Invitation to Bidders
- Remember to attach business license and relevant registration documents.
- Do not forget to attach the manufacturers’ authorizations as per the instructions in the Invitation to Bidders
- Remember to attach documents to prove your financial, technical and production capability to perform the contract as per the instructions in the Invitation to Bidders
- Ensure that you attach documents to prove capability of your agent as per the instructions in the Invitation to Bidders
- Make sure that you attach documents to establish compliance with qualifications criteria as the instructions in the Invitation to Bidders
- Ensure that goods to be supplied are responsive to eligibility criteria described in Invitation to Bidders.
- Ensure that a statement is given in the price schedule of the country of origin of the items to be supplied.
- Make sure that detailed descriptions of the essential technical and performance characteristics of the goods to be supplied is given as per the instructions in the Invitation to Bidders. Attach a brochure if available.
- Ensure that a list of essential spare parts and prices is given as per the instructions in the Invitation to Bidders
- Ensure that item by item commentary of the purchasers’ technical specification is given as per Invitation to Bidders.
- Ensure that your bid price is in accordance with the instructions in the Invitation to Bidders
- Ensure that you are in agreement with the provided period of validity of bids as per the instructions in the Invitation to Bidders
- Ensure that you are in agreement with the proposed delivery schedule. If there is an option to provide an alternative, state it well and provide details.
- Make sure that you are aware of, and ensure compliance with, the criteria to be used for the evaluation, comparison of bids and post-qualification of bidder as per the instructions in the Invitation to Bidders.
- Ensure that your proposed payment schedule is in conformity with the instructions in the Invitation to Bidders
- Ensure that you are aware with the contents of the GENERAL CONDITIONS OF CONTRACT and the SPECIAL CONDITIONS OF CONTRACT and their cost implication during the execution of the contract.
- Check that your bid is properly addressed and sealed in accordance with the instructions in the Invitation to Bidders
- Ensure that your bid is submitted at the right time and at the correct address as the instructions in the Invitation to Bidder.
- Ensure that you are not engaged in corrupt or fraudulent practices.
- review the instructions in the Invitation to Bidders regarding this item.
FINALLY, use the services of an experienced and knowledgeable person when preparing large and competitive tenders.