As part of U-Wednesday, an informational session on “Specific Aspects of Certain Types of Procurement: Procurement of Medicines and Medical Goods, Procurement Involving Ukraine Facility Funds” will be held on 25 June 2025, 14:00 to 15:30. The event is designed to provide practical explanations on conducting these types of procurement, including on reviewing quotes — one of the key stages that has a direct impact on choosing the winning bidder and on the procurement efficiency. Check out the list of events here: https://bit.ly/4kKmDoO
This article offers practical cases and recommendations from experts of U-LEAD with Europe Programme on the key procurement stages, namely the review of quotes. After all, this has a direct impact on the outcome of procurement: who the winning bidder will be, and whose quote may have to be rejected.
In the field of public procurement, the accuracy and compliance of documentation are crucial. Among the important tools that contribute to the transparency and efficiency of the procurement process is the ability of the bidder to resolve any discrepancies in the quote within 24 hours. This mechanism was introduced to minimise the number of rejected bidders due to minor technical errors or formal inaccuracies, which previously could have caused the disqualification of even a bona fide bidder.
Pursuant to Clause 43 of the Specific Aspects of Public Procurement of Goods, Works and Services for the Procuring Entities under the Law of Ukraine “On Public Procurement” for the Duration of the Legal Regime of Martial Law in Ukraine and for Ninety Days upon the Termination or Cancellation Thereof approved by Resolution of the Cabinet of Ministers No. 1178 dated 12 October 2022 (hereinafter the Aspects): “Should the procurement originator, while reviewing the bidder’s quote, discover any discrepancies in the information and/or documents which were submitted by the bidder in the quote and/or the submission of which is envisaged by the bidding documentation, the procurement originator shall publish, within a period of at least two banking days prior to the end of the quote review period, a request to eliminate the discrepancies in the electronic procurement system.”
Even though this tool is clearly beneficial for both bidders and procurement originators, here are some pitfalls that may lead to negative outcomes in procurement, as well as advice on how authorised persons can avoid them.
1. Procurement https://prozorro.gov.ua/tender/UA-2024-01-04-001593-a
At this open tender, the procurement originator offered the bidder, ARS SERVICE 22, to correct the discrepancies in its quote.
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Request to Eliminate the Discrepancies |
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Dear ___! You have not submitted any documents. |
However, the discrepancy in the quote was that the bidder failed to upload documents relating to the quote before the deadline. It should be noted that pursuant to Clause 43 of the Aspects, “Discrepancy in information and/or documents which were submitted by a bidder as part of the quote and/or the submission of which is envisaged by the tender documentation shall mean, inter alia, the lack of information and/or documents in the quote, the submission of which is required by the bidding documentation (except in cases of missing quote guarantee if the guarantee is required by the procurement originator, and/or missing information (and/or documents) on the technical specifications and qualitative characteristics of the procurement item offered by the bidder in its quote).” Given that the bidder’s quote did not contain documents on the technical specifications or qualitative characteristics of the procurement item, the bidder’s quote was subject to rejection without the option of providing 24 hours to eliminate the discrepancies. In violation of the law, this procurement originator chose the bidder as the winning bidder of the procurement and entered into a contract with it.
Advice: Reject quotes from bidders that fail to provide information or documents on the technical specifications and qualitative characteristics of the procurement item if the provision of this information and/or documents is envisaged by the bidding documentation.
Another issue is the manner in which the procurement originator worded a request to eliminate the discrepancies: “Dear ___! You have not submitted any documents.” In this case, the procurement originator simply states the fact but fails to indicate the actions that the bidder must take to address the problem. Article 29 of the Law of Ukraine “On Public Procurement” (hereinafter the Law) states the following:
“A request to eliminate discrepancies shall contain the following information:
1) List of identified discrepancies;
2) Reference to the requirement(s), that were not met, in the bidding documentation;
3) List of information and/or documents that the bidder shall submit to eliminate the identified discrepancies.”
While the Aspects do not expressly provide for the mandatory compliance with the Law regarding the wording of a request to eliminate discrepancies, procurement originators should follow the above procedure, as this wording of the request would make it clear to the bidder which discrepancies in the quote must be corrected and how this can be done.
Advice: Follow the provisions of Article 29 of the Law of Ukraine “On Public Procurement” when issuing the request to eliminate discrepancies.
2. Procurement https://prozorro.gov.ua/tender/UA-2024-02-16-004743-a
When reviewing the quote of A. P. Kabak, Individual Entrepreneur, the procurement originator offered 24 hours to eliminate the discrepancies in the quote due to a missing reference letter regarding a similar contract he had submitted.
| Request to Eliminate the Discrepancies |
| 1) List of identified discrepancies; 1. Failure to submit an original copy of at least one positive reference issued in or since 2023 (by entities specified in the certificate of similar contracts; reference letters should match copies of the submitted contracts). 2) Reference to the unobserved requirement(s) of the bidding documentation; 1. Clause 5 of Section III of the bidding documentation. 3) List of information and/or documents that the bidder shall submit to eliminate the identified discrepancies. 1. The original copy of at least one positive reference letter issued in or since 2023 (by entities specified in the certificate of similar contracts; reference letters should match copies of the submitted contracts). |
Indeed, as part of the quote, the bidder provided a certificate of experience in implementing a similar contract with the Education Department of Teteriv Village Council, as well as uploaded a copy of this contract. However, after the procurement originator gave 24 hours to eliminate the discrepancies, the bidder — A. P. Kabak, Individual Entrepreneur — failed to upload the reference letter regarding the similar contract he had submitted, as required by the request to eliminate the discrepancies, but uploaded a new certificate and a new similar contract with another procurement originator, the Lyceum of Novhorodka Village Council, and this time with the reference letter from the Lyceum regarding the new contract.
This is grey area because, although the bidder fulfilled the requirements of the tender documentation and uploaded all the documents confirming his qualifications, he did not fully comply with the request to eliminate the discrepancies regarding the provision of the reference letter to the contract submitted earlier as part of the quote. Indeed, Clause 44 of the Aspects sets forth the following mandatory grounds for rejecting a bidder: “Failure to correct any discrepancies identified by the procurement originator after the opening of quotes in the information and/or documents submitted by the bidder as part of their quote, and/or any change in the procurement item (its name, brand, model, etc.) when eliminating the discrepancies identified by the procurement originator, within 24 hours from the moment the procurement originator publishes the request to eliminate the discrepancies in the electronic procurement system.”
Advice: Word the notice on eliminating discrepancies in such a way that it is clear to the bidders which documents and/or information must be uploaded within 24 hours. If these documents and/or information have not been uploaded, reject the bidders as per Clause 44 of the Aspects.
3. Procurement https://prozorro.gov.ua/tender/UA-2023-05-02-012608-a
Reviewing the most cost-efficient quote of the bidder, OLEKSANDR PRODUCTION&CONSTRUCTION LLC, the procurement originator identified discrepancies in the quote and gave 24 hours to eliminate them, including:
“the quote guarantee (bank guarantee dated No. 32514 9 May 2023) is inconsistent with the format and requirements established by the Order of the Ministry of Economic Development, Trade and Agriculture No. 2628 “On Approval of the Format and Requirements for the Quote/Bid Guarantees” dated 14 December 2020.”
Note that the request to eliminate the discrepancies by the procurement originator was published by the procurement originator on Friday, 15:53, which de facto prevented the bidder from getting a new bank guarantee with the bank that would be consistent with the procurement originator’s bidding documentation. Therefore, the procurement originator was forced to reject this bidder and, consequently, choose a bidder with a significantly higher quote as the winning bidder.
In accordance with Clause 43 of the Aspects, the procurement originator must publish a request to eliminate the discrepancies in the electronic procurement system within a period of at least two banking days prior to the end of the quote review period. Given that the quotes can be reviewed for up to 5 banking days with the option of a justified extension of the period up to 20 banking days, the authorised person of the procurement originator actually has a calendar month to find discrepancies in the quote and publish a request to eliminate them at a time convenient for the bidder.
Advice: Publish a request to eliminate the identified discrepancies in the Prozorro system within a period of at least two banking days prior to the end of the quote review period, ensuring that the bidder really is actually able to upload new documents and/or information within 24 hours.
Hopefully, these tips will allow authorised persons of procurement originators to issue a quality request to eliminate discrepancies to ensure the most efficient procurement process possible.
