Participation in tenders and selecting the winner: so the result is not destroyed by formalities

In public procurement, a technical error in documents often matters more than a company’s experience or the quality of its product. For businesses, this means a rejected bid and a lost contract; for contracting authorities, it brings the risk of complaints, monitoring and claims from oversight bodies. As a result, both sides spend time and resources without getting the expected outcome.

Proper participation in a tender is not just about submitting a bid “on time”. It means reading the documentation the way an oversight body will read it and checking your bid the way the tender committee or authorised officer will review it. The stage of selecting the winner is the zone of maximum attention to wording in minutes, justifications and decisions.

How we help businesses during tender participation

For bidders, we act as a “legal filter” before submission of the bid:

• we analyse the tender documentation, highlight critical requirements and risk areas
• we help structure the document package to remove typical formal grounds for rejection
• we prepare questions/requests to the contracting authority regarding incorrect or discriminatory provisions
• we check that the bid meets qualification, experience and technical requirements

The goal is simple: to ensure the company enters the tender well‑prepared and does not lose its chance of winning due to minor errors.

How we help contracting authorities when selecting the winner

For contracting authorities, we step in at the bid‑review and winner‑selection stage, when every decision can trigger a complaint:

• we review submitted bids for compliance with the documentation requirements
• we help correctly draft minutes and decisions on rejection/selection of the winner
• we assess the risk of AMCU complaints and State Audit Service monitoring
• we advise on actions if errors are identified after the winner has already been selected

The aim is to run the procedure so that the result is well‑grounded and protected from formal challenges.

Who this service is for

“Participation in tenders and selecting the winner” is useful if you:

• are a business that regularly takes part in tenders and wants to increase its win rate
• are a company entering the public procurement system and do not want to learn only from your own mistakes
• are a contracting authority seeking to conduct procedures without major violations and with minimal risk of complaints

We work as an “insurance” against errors that later cost money, reputation and time spent on disputes.

If you need support during tender participation or assistance at the winner‑selection stage, we can help.

Author – Maksym Bahniuk, Head of Tax and Customs Law Practice at Law Firm “WINNER”.
Contact: info@uk-winner.com | +38 (096) 574 81 02