Requirements for tenderers
The goal of the Tender together project, which is being implemented by the Ukrainian Association of Furniture Manufacturers in cooperation with Украинская Ассоциация Визуальной Индустрии УАВИ and Донецька торгово-промислова палата, is to increase the level of cooperation and trust with joint participation in international and national public procurements. Aids specially prepared by relevant specialists on the order of project participants are also called upon to contribute to this goal. They can be found on the UAFM website: https://uafm.com.ua/doslidzhennya-meblevog…/tender-together/
Co-author of the Guidelines for Ukrainian Companies in Participating in International and Ukrainian Public Procurement manual, tender procurement expert Anna Sevostyanova continues to comment in depth and clarify some of the provisions of this manual.
Knowing how important it is for bidders to participate in tenders not to make mistakes already at the initial stage of the contract award process, we asked the expert to describe in detail what requirements the bidders should meet.
There are three groups of requirements: technical, qualitative and quantitative.
The specification should contain the characteristics necessary for the performance of work, the provision of services or the implementation of supplies. Technical specifications should provide equal access for business entities to the procurement procedure and not create unreasonable obstacles when opening a public procurement tender.
Technical specifications may contain information on the conformity of a product or service to environmental requirements and have links, in order of preference, to national standards that comply with European, European technical assessments, general technical specifications, international standards, other technical reference systems established by European standardization bodies or in the absence of of these documents, national standards, national technical certificates or national technical specifications regarding oektirovaniya, calculation and IP Nia works and use of materials; each link must be accompanied by the words “or equivalent.”
Technical specifications should not refer to a specific manufacturer, source or a specific process characterizing the products or services provided by a particular business entity, or to trademarks, patents, type or specific source of origin or production, as a result of which one candidate or their products may benefit due to refusal to others. Such links are allowed as an exception when a sufficiently accurate and understandable description of the subject of the contract is impossible. Such references should be accompanied by the words “or equivalent”.
“Specification for the delivery of goods or services” – a specification in a document that defines the necessary characteristics of a product or service – such as the level of quality, the level of environmental impact and climate; design methods taking into account all requirements (including accessibility for persons with disabilities) and conformity assessment; product use efficiency, safety and dimensions, including requirements related to the product according to its name, under which this product is sold; terminology, marks, tests and test methods, packaging, labeling and labeling; instructions for users, as well as conformity assessment procedures;
A specification adopted by a recognized standardization body for repeated or continuous use is a standard that must be followed. “International Standard” means a standard adopted by an international standardization organization and accessible to the general public. The European and national standards adopted by the relevant standardization bodies are also widely available.
– Why is such a significant place in the specification given to product labeling, test reports?
– If the customer intends to purchase goods or services with specific environmental, social or other characteristics, in the technical specifications he may, as one of the criteria for the award of the contract or the conditions for its fulfillment, require a certain marking as a means of confirmation that the services or goods comply with the required characteristics. But it can require this subject to the following conditions:
– labeling requirements relate only to criteria related to the subject of the contract, with the determination of the characteristics of the goods or services that are the subject of the contract;
– labeling requirements should be based on non-discriminatory conditions;
– labeling – an open and transparent procedure in which all interested parties can participate, including government bodies, consumers, social partners, manufacturers, distributors and non-governmental organizations;
– labeling is available to all interested parties;
If the customer does not require that the goods and services meet all the labeling requirements, he must indicate which labeling will satisfy him.
If the business entity justifiably did not have the opportunity to obtain a specific marking indicated by the customer or equivalent marking at the appropriate time for reasons beyond the competence of this economic operator, the customer undertakes to use other appropriate means of evidence, which may include a technical dossier from the manufacturer, provided that the relevant the business entity will prove that the goods or services offered by it meet the requirements of a specific labeling or concre tnym requirements specified by the customer m.
The customer may also require that business entities provide test reports from a conformity assessment body or a certificate issued by such a body as a means of confirming compliance with the requirements or criteria set forth in the technical specifications, award criteria, or contract execution conditions.
If the customer requires the issuance of certificates issued by a specific conformity assessment body, certificates from other equivalent conformity assessment bodies should also be accepted by the customer.
The column “Expert Opinion” was founded as part of a grant project with the support of the Swiss Cooperation Bureau in Ukraine, the name of the project: “Increasing the level of cooperation and trust in joint participation in international and national public procurements” – TENDER TOGETHER, which is implemented by the Ukrainian Association of Furniture Manufacturers in partnership with the Ukrainian association of visual industry and Donetsk CCI