1st September 2011

Geldards LLP: Responding to Public Sector Tenders – Top Tips

Responding to Public Sector Tenders: Top Tips

When NHS Trusts and other public sector organisations purchase goods, services or works they are often required to carry out competitive tender processes. This could be to demonstrate best value or to comply with public procurement rules. Tender processes regulated by the public procurement rules can seem daunting and unfamiliar to bidders, so here are our top tips to help you navigate such processes:

1. Be aware of opportunities:

Check opportunities in the market by signing up to relevant websites. There are a myriad of these, including the online Official Journal of the European Union. When considering opportunities, don’t just read the title (which could be misleading), always check the description of the contract.

2. Understand the customer and its requirements:

A successful bid will focus on things important to the customer, so before you prepare your bid you must understand the customer, its policies, its requirements (including minimum requirements), the contract and the criteria for awarding the contract (not necessarily the cheapest price).

To understand those things read all tender documentation and, if applicable, attend the bidder briefing day. If in doubt, ask questions, especially if you do not understand how your bid will be scored. If you don’t understand the scoring system, the customer has probably failed to explain it. Bear in mind the deadline for submitting questions and the time it will take you to address the customer’s responses.

3. Do everything asked of you:

Provide all of the information requested, in the form requested, by the specified deadline. Incomplete or late bids are often deemed non-compliant and a bidder’s hard work goes to waste. Only submit relevant information and do so in a clear and concise manner. Including irrelevant information will not increase your chances of success.

Ensure information held by others about you is up-to-date as customers often request information from credit and other agencies at prequalification stage.

Deadlines for submission are final, so adhere to them. Give yourself plenty of time to submit your bid, allowing for those last-minute technical issues that can crop up.

Proof read your bid.

4. If unsuccessful, find out why:

Always ask to be debriefed. If you are unsuccessful, the information could be pivotal to you winning future tender processes. Even if you are successful, you can improve your offering to stay ahead of your competitors.

You have a right to certain information. In regulated procurements unsuccessful bidders must be told why they were excluded (at prequalification) and the characteristics and relative advantages of the successful bid, compared to their own (at contract award).

Remember: the customer is subject to obligations regarding the tender process, including that the same is transparent and treats bidders equally. If you have concerns, do not be afraid to complain. If your concerns are serious, you may even wish to challenge the customer’s decision. If so, act quickly. There are strict (and short) time-limits for challenging. Once those time-limits pass, so might your opportunity to redress the problem.