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Risks when sending out tendering documentation

last updated: 3rd August 2011
Action Risk Solutions
Documentation issued to bidders at different times

- One bidder gains a time advantage over the others

- Challenge of favourable treatment to some bidders

- Where bidders are selected, issue the quotation/tender documentation to all firms at the same time

- Where the requirement has been advertised and the documentation is issued in hard copy, do so promptly upon receipt of the request

- Where the documentation is available for download, the bidders should be able to access the documents at a time that suits them

Bids not held in secure location - Open to challenge that one or more bids could be tampered with

- All submissions should be clearly marked with the reference number and the appropriate closing time to indicate that they are a bid

- When received, each submission should be marked with the date and time of receipt and then stored in a secure location until after the stated closing date and time

Bids not opened at same time - Open to challenge that details of one bidder’s submission is being communicated to another

- All submissions should be clearly marked with the reference number and the appropriate closing time to indicate that they are a bid

- When received, each submission should be marked with the date and time of receipt and then stored in a secure location until after the stated closing date and time

Documentation issued very late or with very quick turn-round time

- The bidders have insufficient time to prepare a competitive bid

- Open to challenge under the EU procurement rules that timescales are insufficient

- A realistic timetable should be established and adhered to for the competition

- Sufficient time must be given, ie this principle has been confirmed in sub-EU tender challenges in the European Court

Very short timescales at each stage of process

- The bidders have insufficient time to prepare a competitive bid

- Open to challenge under the EU procurement rules that timescales are insufficient

- A realistic timetable should be established and adhered to for the competition

- Sufficient time must be given, this principle has been confirmed in sub-EU tender challenges in the European Court

Single person involved in the process

- Open to challenge of collusion with other bidders in the competition

- Lack of transparency in the procurement process and spending of public funds

- Ensure that there are different people involved at the different stages of the procurement cycle so that there is a demonstrable separation of duties
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