Preparing and legal examination of procurement documentation

Preparing and legal examination of procurement documentation

Procurement documentation is a set of documents approved by the customer that define the procedure and conditions for a particular procurement, including a procurement notice and a draft contract / agreement.

The first document to be drawn up when making a procurement is a notice. It contains the following information:

• the way of procurement (open tender, open auction or other method);
• name, location, postal address, e-mail and contact phone number of the customer;
• the subject of the contract / agreement indicating the quantity of the goods delivered, the volume of work performed, the services provided;
• place of delivery of goods, works, services;
• information on the initial maximum price of the contract / agreement or on the price of the lot;
• the time, place and procedure for the provision of procurement documentation, as well as the amount, procedure and timing of payment of fees charged by the customer for the provision of documentation (if such a fee is set by the customer), except in the case of providing documentation in the form of an electronic document;
• place and date of consideration of proposals of participants in procurement and summarizing the purchase;
• other information that the customer deems necessary to indicate.

The procurement documentation should contain the following information:

• the requirements established by the customer for the purchased goods, work, or service related to determining the conformity of the delivered goods, the work performed, the services provided to the customer's needs (quality, technical characteristics, safety, consumer properties, dimensions, packaging, delivery time, etc.);
• requirements for the content, form, design and composition of the application for participation in the procurement;
• requirements for the description by the participants of the procurement of the delivered goods, the work performed, the services provided, which are the subject of procurement (functional characteristics, quantity, quality);
• place, conditions, terms (periods) of supply of goods, performance of work, provision of services;
• information on the initial (maximum) price of the contract / agreement or the price of the lot;
• the form, terms and procedure for payment for goods, work, services;
• the procedure for the formation of the price of the contract / agreement or the price of the lot - with or without the costs of transportation, insurance, payment of customs duties, taxes, other mandatory payments, etc.;
• the procedure, place, start date and deadline for submission of applications for participation in the procurement;
• requirements for procurement participants and a list of documents that participants must submit to confirm their compliance with the established requirements;
• forms, procedure, start date and expiry date of the period for providing procurement participants with explanations of the provisions of the procurement documentation;
• place and date of consideration of proposals of participants in procurement and summarizing the purchase;
• criteria for evaluation and comparison of applications for participation in procurement;
• the procedure for evaluating and comparing requests for participation in procurement;
• draft contract / agreement;
• other information that the customer deems it necessary to indicate, taking into account the current procurement legislation.

Correctly prepared documentation is the key to successful completion of the entire procurement procedure and minimizes the risk of appealing against the procurement or conclusion of a contract / agreement with an unscrupulous supplier (contractor, executor).

Legal services

BRACE Law Firm has practical experience in legal support of procurement. We provide the following services:

1. preparing of procurement documentation taking into account the interests and needs of the customer, the list of procurement objects, the quantity (volume) of the purchased goods (works, services) and other wishes of the customer;
2. legal analysis of the documentation available to the customer for procurement and development of recommendations for bringing it in line with the legislation of the Russian Federation, taking into account the practice of its application, the needs of the customer and the specifics of the object of procurement;
3. correction of errors in the procurement documentation provided by the customer;
4. preparation of explanations for procurement documentation.

The technical part of the documentation, that is, the information with the indicators about the purchased goods, work, service and other information that determines the customer's need (specification), is formed by him independently.