Procurement law regulates the process of acquiring goods, services, and works both in public procurement and in private (corporate) procurement, and establishes rules that ensure competition, equal access, transparency, and justification of decisions. Legal compliance in this field is important because procedural errors often lead to the annulment of tender results, delays in contract performance, financial sanctions, reputational risks, and disputes with suppliers or contractors, while properly prepared documentation in advance reduces risks and improves the outcome.
Tender conditions, qualification, and evaluation criteria must be specific, measurable, free from discrimination, and proportional to the purpose of the procurement, so as not to create a basis for unequal competition or subjective evaluation. From a legal perspective, it is important that the requirements do not unjustifiably restrict the market, the evaluation methodology is predetermined and uniform, and the terms of reference and contract conditions are logically consistent with each other, otherwise the risk of appeals, clarifications/amendments, prolongation of the process, and invalidity of the result increases.
When preparing a tender proposal, disqualification is most often caused by formal non-compliance: incomplete submission of documents, violation of deadlines, filling out documents in the incorrect format, non-compliance with qualification requirements, contradiction in the price structure or technical offer, and insufficient evidence regarding experience or resources.
The company's procurement policy and internal procedures should establish clear rules for procurement planning, market research, selection of suppliers, tender/competition documentation, evaluation, negotiation, contract approval, and performance control, responsible persons, and standards for the justification of decisions. Special attention is given to the management of conflict of interest, confidentiality and data protection, as well as the mechanism for submitting claims, which together create a transparent, predictable process and reduce the probability of the occurrence of both internal violations and disputes with suppliers.