How to effectively obtain clarifications on the SWZ or OPiW in a national tender

If the content of the SWZ or OPiW is unclear to you as a supplier, you can submit a request for clarification. But you must do it in time, otherwise the buyer is not obliged to respond.

To start with short definitions:

SWZ (Specification of Tender specifications): is a document that specifies the rules for participating in a public procurement procedure. It includes, among other things, a description of the subject of the order, criteria for evaluating offers, and a draft contract. It applies to procedures above and below EU thresholds.

OPiW (Description of Needs and Requirements): is a simplified form of the SWZ used in procedures with a value less than EU thresholds, under the basic procedure with negotiations (variant 3 of the basic procedure). It contains the most important information about the order, its subject, requirements, and terms of execution.

How the clarification of the content of the SWZ or OPiW proceeds in a national tender, step by step:

1. Publication of documentation by the buyer
From the moment the SWZ or OPiW is published on the procedure's website, suppliers have full and free access to the documents.

2. Reviewing the content of the SWZ or OPiW
The supplier should familiarize themselves with the documents as soon as possible to have time to react.

3. Preparing a request for clarification
If any provision raises doubts, you can submit a request for clarification, e.g., regarding the description of the subject of the order, participation conditions, or draft agreement.

4. Submission of application
The application must be sent using means of communication specified by the buyer (e.g. purchasing platform, e-mail or ePUAP).
Deadline: no later than 4 days before the deadline for submitting offers (Art. 284 sec. 2 PZP). Questions asked after this deadline may remain unanswered.

5. Awaiting response
The buyer must respond no later than 2 days before the deadline for submitting offers.
If the buyer cannot respond in time, it must extend the deadline for submitting offers, so that suppliers have time to familiarize themselves with the explanations.

6. Receiving response / publication of meeting information
Explanations are posted on the website of the procurement procedure, without revealing the author of the question. Sometimes the buyer may convene a meeting of suppliers, and in that case, it also publishes a summary.

7. Decision on participation in the procedure
After receiving the explanations, the supplier makes a decision whether to submit an offer.

Summary of your steps:

1. Familiarize yourself with the SWZ/OPiW.
2. Prepare an application for clarification.
3. Send the request to the buyer no later than 4 days before the tender submission deadline.
4. Read the response, which must be published no later than 2 days before the tender submission deadline.
5. Make a decision on participation in the procedure.