Pitfalls and traps in public tenders

A requirement tailored to a single contractor

A classic example is a requirement that is formally neutral but, in practice, can only be met by one company. Warning signs include:

• references of a very specific value and scope ("two deliveries of a class X system for an entity with over 400 employees"),
• technical parameters copied directly from a specific product's data sheet, including unusual dimensions,
• a requirement for a certificate issued by a single entity,
• a service response time so short that only a company based in that specific city can meet it.

There is a tool for such provisions: submitting a request for clarification to the contracting authority within the designated period, and if refused, filing an appeal. The contracting authority is obligated to describe the subject matter in a way that does not hinder fair competition.

Costs hidden in the draft contract

The price you submit covers everything imposed by the contract — including items not listed in the description of the subject matter. The most frequently underestimated items are:

• contractual penalties calculated based on the value of the entire contract, rather than the value of the delayed portion,
• a warranty period longer than the manufacturer's standard — you cover the difference,
• the obligation to keep staff on standby for the entire duration of the contract,
• performance bonds that tie up funds for months after the work is completed,
• the right of option, i.e., the possibility of increasing the scope — which you must be prepared to execute, even if you may never receive an order for it.

Bid bond traps

A bid bond leads to the rejection of offers without their content being reviewed, so a mistake here costs you all the work put into the proposal. The three most common errors:

1. Date of receipt, not date of transfer. A bid bond paid by bank transfer must be credited to the contracting authority's account before the deadline for submitting offers.
2. Conditional guarantees. A bank or insurance guarantee must be unconditional and payable on first demand. A provision requiring additional documents can invalidate it.
3. Validity period shorter than the bid validity period. A common mistake when proceedings are extended.

Abnormally low price

If your offer is significantly lower than the others or the contracting authority's estimates, you will receive a request for clarification. This is not a mere formality — a lack of a convincing explanation results in rejection. Prepare your calculation before submitting the offer, not after receiving the request: break down labor, material, and margin costs, and indicate an objective reason for the lower price (proprietary technology, owned equipment, a favorable supplier agreement).

A deadline that looks like a coincidence

A deadline for submitting offers set for the day after a long weekend or in the middle of August reduces the number of bids. Sometimes it is a coincidence, sometimes it is not. For you, this is information about the competition: in such proceedings, the chances of winning are significantly higher than average. We remind you that 23% of proceedings are decided with only one bid — some of them for this very reason.