Preparation for an open tender

An open tender is one of the most transparent and formalized procedures in public procurement, open to all suppliers meeting specified conditions. For companies bidding for contracts exceeding EU thresholds, this is the basic mode of bidding for orders. It is therefore worth knowing how to effectively prepare an offer and avoid typical formal errors.

What is an open tender?

According to Article 132 of the Public Procurement Law, in an open tender, every supplier can submit an offer without prior invitation or participation in pre-qualification. This procedure applies only to orders exceeding EU thresholds and does not require additional justification of its choice by the buyer.

The procedure begins with the publication of an announcement in the Official Journal of the European Union, accompanied by full digitization: all communication, document and offer submission takes place exclusively electronically.

How to effectively prepare an offer? Step by step from the supplier's perspective

1. Analysis of the announcement and the SWZ

Thorough reading of the Tender specifications (SWZ) is absolutely essential.
This document includes:

• description of the subject of the order,
• conditions for participation and documents confirming their fulfillment,
• criteria for evaluating offers,
• draft contract provisions,
• deadline and method of submitting offers.

2. Verification of fulfillment of participation conditions

The buyer may require, among other things, appropriate experience, economic situation, technical capacity. It is necessary to assess the real possibility of fulfilling these and prepare the required documents (references, list of services, financial statements, etc.).

3. Preparation of the offer in electronic form

The bid must be signed with a qualified electronic signature, and all attachments must comply with the requirements of the SWZ (Art. 63 PZP).

4. Submission of bid security (if required)

If the buyer has stipulated an obligation to submit bid security, its absence or incorrect form results in the automatic rejection of the offer. The amount, deadline, and form of submission must comply with the provisions of the SWZ (Art. 97 PZP).

5. Adherence to deadlines

The offer submission deadline is non-negotiable: offers submitted even a few seconds late will be subject to rejection. Deadlines regarding asking questions and clarifying the content of the SWZ are also strictly defined by law (Art. 135 PZP).

Most common risks and how to avoid them

• formal errors: lack of electronic signature, outdated documents, missing required attachments
• failure to react to changes in the SWZ: any modification to the procurement documentation should be monitored on an ongoing basis
• submitting the offer too late: system overloads or failures may prevent submitting the offer at the last minute

Best practices

• using a checklist before submitting the offer
• thorough analysis of the SWZ, using legal support or specialized tools for public procurement
• testing the operation of the qualified signature and the offer submission platform in advance
• open communication during the question and clarification phase

Summary

Participating in an open tender gives a real chance to obtain a valuable public contract, but it requires meticulousness and knowledge of the procedure. The offer must be complete, compliant with the SWZ, and submitted by the appropriate deadline, only then can it be evaluated by the buyer.