The AMCU Recommends to Avoid the Mistakes in Completing the Bidding Documents
The Appeal Body of the AMCU draws the attention of the appeal subjects, customers and other interested persons to the widespread mistakes during the completing of the documents that are provided for the confirmation of the participants provision of the bidding proposals.
In accordance to the provisions of the Law of Ukraine “On the Public Purchases” the security of the bidding proposal – security of the execution of the participants duties before the customer, which arose in accordance to the submission of the bidding proposal, in the form of such security, as a warrantee.
The amount, form and conditions of the bidding proposals provision are determined by the customer in the notification on the bidding holding and in the bidding documents. The amount of the bidding proposal in monetary terms cannot exceed 0.5% of the expected value of the purchase in the case of bidding for the purchase of works and 3% – in the case of bidding for the purchase of goods or services in the terms specified by the bidding documents.
Thus, the customer determines the specific size of the security of the bidding proposal in the bidding documents.
Simultaneously, as the Committee notes, recently the cases of submission by the bidding participants of the documents (bank guarantees) as a part of the bidding proposals, according to which, in case of a warranty event, the bank guarantees to pay to the customer any amount not exceeding the amount of the bidding security, rather than the specific amount, specified by the customer, have become more frequent.
The AMCU notes that such a wording shows the non-compliance of the document submitted to confirm the introduction of bidding security, the terms of the bidding documents and, as a result, leads to the rejection of the offer of the respective participant.
In addition, the agency reports that there are cases of references in such documents to contracts containing information, for example, the date of entry of the bank guarantee into effect, without providing copies of such contracts in the bidding proposal, which may indicate the non-conformity of the proposal to the terms of the bidding documents.
Taking into account the above said, in order to avoid such situations, the AMCU appeal body recommends the participants of the purchase procedures to pay special attention to the completing of the relevant documents by the banking institutions, taking into account the terms of the bidding documents, and the customers to take into account such discrepancy when considering the bidding proposals of the participants.