Actions after submitting an offer

What can the buyer request?

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After submitting an offer, the supplier often does not know what to expect from the buyer. However, the procedure enters the offer review stage, and that is when specific requests may appear.

At the offer review stage: possible requests

If your offer has been submitted but has not yet been selected as the most advantageous, the buyer may ask you to:

  1. Clarifications of the offer content or attached documents: e.g., if something raises doubts or is unclear.
  2. Clarifications regarding abnormally low price: The buyer is obliged to request clarifications if the offer price is at least 30% lower than:
    • the contract value (estimated by the buyer) including VAT or
    • the arithmetic mean of the prices of all submitted offers.

A request may also occur at the buyer's discretion if the price raises doubts about the possibility of implementing the order according to the requirements.

  1. Correction of errors: according to Art. 223 sec. 2 of the PZP:
    • obvious typographical errors
    • obvious arithmetic errors, including the consequences of the arithmetic corrections made
    • other errors due to the offer's inconsistency with the SWZ, which do not cause significant changes in the offer.
  2. Submission of additional offers: e.g., in the negotiation procedure (basic procedure variant 2), competitive dialogue or innovation partnership, or when the most advantageous bid cannot be selected because bids have the same price or cost, or the same score.

When you are first in the ranking: mandatory documents

If your offer has been rated the highest and is not subject to rejection, the buyer will ask you to submit so-called documents confirming the supplier's eligibility, or documents confirming that you meet the conditions for participation in the procurement procedure (Art. 274(1) of the PZP) and are not subject to exclusion. These will most often be:

  • list of supplies / services / construction works
  • references confirming proper execution
  • statements, e.g., on belonging to a corporate group
  • extract from the KRS or CEIDG
  • certificates from the National Criminal Register (KRK)
  • information from the bank on available funds / creditworthiness
  • liability insurance policy
  • concessions, permits and licences, if required
  • consent to extend the tender validity period and bid security validity
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