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Tender processes are critical opportunities for businesses to secure valuable contracts, but they're fraught with complex legal requirements and potential pitfalls. Whether you're preparing a bid, managing a tender exercise, or facing a tender dispute, specialist legal guidance ensures compliance and maximizes your chances of success.
Public Sector Tenders:
Private Sector Tenders:
Pre-Bid Phase:
Bid Development Phase:
Legal and Commercial Issues:
Operational Challenges:
Large tenders often require collaborative bidding arrangements:
Key Legal Considerations:
Grounds for Challenge:
Available Remedies:
Technology and IT Procurement:
Construction and Infrastructure:
Successful tendering requires careful legal preparation, strategic thinking, and expert guidance to navigate complex requirements and maximize your chances of success.
This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.
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Find Your SolicitorCommon questions about tender processes and how our solicitors can help
Prepare winning tenders by thoroughly analyzing tender requirements, developing compliant technical solutions, demonstrating relevant experience and capability, providing competitive pricing with clear value proposition, assembling strong project teams, addressing all evaluation criteria comprehensively, and ensuring clear, well-structured responses. Consider partnership arrangements for capability gaps and seek legal review of commercial terms.
Include roles and responsibilities of each party, liability allocation and risk sharing, intellectual property ownership and licensing arrangements, profit sharing and cost allocation mechanisms, governance and decision-making structures, lead contractor authority and subcontractor obligations, exit provisions and dispute resolution procedures, and compliance with competition law and procurement regulations.
Yes, you can challenge unfair tender processes if there are genuine grounds such as discrimination, procedural irregularities, unfair evaluation criteria, conflicts of interest, or breach of procurement law. Act quickly as time limits are strict, gather evidence of unfairness, consider alternative dispute resolution first, seek specialist legal advice, and be prepared for potential costs and counterclaims.
Missing tender deadlines typically results in automatic exclusion from the process. Public sector procurement has strict requirements and late submissions are generally not accepted unless exceptional circumstances exist. Some jurisdictions allow technical clarifications but not late submissions. Focus on robust project management, early preparation, and contingency planning to avoid deadline issues.
Protect IP by clearly marking confidential information, using appropriate confidentiality notices, considering what technical detail is necessary to demonstrate capability, negotiating IP provisions in contract terms, using non-disclosure agreements where appropriate, and seeking legal advice on IP ownership and licensing. Balance disclosure requirements with IP protection needs.
Common evaluation criteria include technical quality/methodology (30-60%), commercial/price (20-40%), relevant experience and capability (10-20%), resource allocation and project management (5-15%), and social value/sustainability (5-20%). Weightings vary by contract type and complexity. Understand the evaluation model and structure responses to maximize scores across all criteria.
Yes, attend pre-tender meetings and site visits as they provide valuable insights into requirements, clarification opportunities, networking with potential partners, understanding of evaluation approach, and demonstration of genuine interest. Information gained often influences bid strategy and technical approach. Attendance is typically recommended though not always mandatory.
Tender timeframes vary by complexity and value: simple goods/services 30-45 days from publication, complex services 45-60 days, construction/works 52+ days, competitive dialogue/negotiation 3-9 months, framework agreements 3-6 months. Factor in preparation time, evaluation periods, standstill periods, and contract negotiation. Plan resources and timelines accordingly.
After unsuccessful tenders, request detailed debriefing within 48 hours, analyze feedback objectively to identify improvement areas, consider whether grounds exist for challenge, maintain relationships for future opportunities, learn from the experience for future bids, and document lessons learned. Professional debriefing helps improve future tender success rates.
Subcontracting is typically permitted but check tender requirements for any restrictions, declare intended subcontractors during tender process if required, ensure subcontractors meet qualification criteria, obtain client approval for subcontracting where necessary, and maintain overall responsibility for contract performance. Some contracts limit subcontracting levels or require specific approvals.
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