The e‑tendering platforms are sometimes real suggestion boxes. Bidders complain, they wrangle, they ask and point out, they criticize, sometimes forcefully. The only thing they have a hard time doing is complain.
The most important advice in your “Procurement Life”
If you have a problem with a contracting authority’s bill of quantities in a public procurement process, file a complaint. Do not point out, criticize, complain, or issue “clarifying notes” or “binding concretizations.” Do not express your lack of understanding, do not suggest “tweaks”. But rather: Contest.
What does “contest” mean?
Contest about the specifications as being in violation of procurement law by naming the specific item or passage and briefly explaining that and why you classify it as being in violation of procurement law. Also, request that the contracting officer take corrective action in sufficient time to allow you to incorporate the revisions into your bid or request to participate. Explicitly do not relieve the contracting agency of its obligation to prepare a legally compliant bill of quantities. And act in a timely manner.
*This legal tip is not a substitute for legal advice in individual cases. By its very nature, it is incomplete, nor is it specific to your case, and it also represents a snapshot in time, as legal principles and case law change over time. It cannot and does not cover all conceivable constellations, serves entertainment and initial orientation purposes and is intended to motivate you to clarify legal issues at an early stage, but not to discourage you from doing so.