Public procurement consultation: deciding whether to bid for a tender

Situations calling for the public procurement consultation

• An SME discovers a tender in its sector and questions its capacity to perform the contract.
• An engineering consultancy hesitates to commit a team to a bid whose profitability remains uncertain.
• A consortium being formed must make its decision before committing the required bonds.
• A bidding company identifies, in the tender regulations, participation conditions that are difficult to meet.
• A specifications document contains performance requirements whose scope raises questions for the contracting authority.

Process

1. Transmission of the tender file and the context. The client first sends the tender file, its references and its capacities. This phase takes place asynchronously, by sending the documents.
2. Reading of participation conditions, award criteria and performance requirements. The firm then examines the regulations, the specifications and the bill of quantities. This reading brings out what the contracting authority actually expects of the contractor.
3. Application of grid P-17. The grid cross-references the fit of the bid, the company’s capacity, profitability and risks. Upstream, the IA-05 interactive assistant supports its completion, without issuing any opinion.
4. Identification of blocking points and questions for the contracting authority. This step isolates the conditions that prevent or weaken the bid. It also prepares the questions to be submitted to the contracting authority.
5. Presentation of a recommendation to bid or withdraw. The decision note constitutes an asynchronous presentation of findings. The 60-minute videoconference, by contrast, offers a synchronous exchange, documented in a session record.

Deliverable

The public procurement consultation results in a decision note or, in a videoconference, a session record. The document first reproduces the completed grid P-17. It then sets out the blocking points identified in the tender file. Finally, it formulates a reasoned recommendation to bid or withdraw. The note reaches the client three working days after receipt of complete information. The session record, for its part, traces the points examined during the videoconference.

Prerequisites

The consultation requires the complete tender file: regulations, specifications and bill of quantities. The company’s references and the description of its capacities supplement these documents. The timeframe runs from receipt of all this information.

Frequently asked questions

How to choose between the decision note and the videoconference?

The decision note is suitable when management wishes to have a written record of the grid and the recommendation. The 60-minute videoconference, by contrast, favours direct exchange on the blocking points. In both cases, the content remains identical: completed grid, blocking points and reasoned recommendation. The common consultation form records the chosen format.

Why request the public procurement consultation before putting the bid together?

Responding to a tender commits resources, bonds and performance capacity. The decision to bid is therefore made on the basis of fit, profitability and risk. The consultation thus takes place before the bid is put together, at the stage where the decision remains open. It also prepares the questions to be submitted to the contracting authority.

What is the delivery timeframe?

The decision note is delivered within three working days. The videoconference takes place in a slot set at least 7 days after booking (priority slot possible within three working days), Tuesday to Thursday. These timeframes run from receipt of a complete file. They nevertheless remain indicative, in accordance with the common rules of the catalogue. A missing document therefore postpones the starting point of the timeframe.

Does the recommendation guarantee the award of the contract?

No. The consultation is an obligation of means and carries no guarantee of award. The recommendation informs the decision, but the client remains the sole decision-maker on its bid. The client is also responsible for the accuracy of the references and capacities declared. Putting the bid together and pricing it remain, for their part, outside the consultation.

What withdrawal rules apply?

For a consumer client, Law No. 31-08 provides for a seven-day right of withdrawal. A consultation scheduled at least seven days after booking preserves this right. Conversely, a consultation scheduled less than seven days ahead entails immediate performance, without right of withdrawal. ASKonsult then obtains the consumer’s express consent, after informing the consumer of these consequences.

What role does the IA-05 interactive assistant play?

The IA-05 interactive assistant supports the completion of grid P-17. It explains the sections and criteria, clarifies what is expected and checks the completeness of the answers. However, the assistant issues no opinion and makes no recommendation. Its outputs do not constitute a deliverable: the firm then analyses and validates the work prepared.

What follow-up can extend the consultation?

When the client decides to bid, the Tender response package (K-06) takes over. A recurring need points instead to the Steering subscription (A-02). In addition, the Public Procurement interactive training (IA-02) explores public procurement rules in greater depth. Finally, the local authorities and territorial programmes consultation (C-13) addresses related issues.

Out of scope

The public procurement consultation covers neither putting together nor drafting the bid. It also excludes pricing and submitting the bid file. Any appeal before a public procurement body also remains outside the service. Finally, the recommendation carries no guarantee of award, since the consultation is an obligation of means.