Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Preparing an Effective Invitation to Tender (UK)

23 Mar 2023
12 min
Text Link

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

The UK public sector must use an open and competitive process to award contracts, and invitation to tender (ITT) is the most common way of doing this. This process is highly regulated in order to ensure fairness, transparency, and legal compliance - something which the Genie AI team understands fully. It’s essential that ITTs are drafted carefully with consideration for both the legal requirements of the public sector and the needs of the customer; written in a clear manner which includes all relevant information whilst excluding anything irrelevant. All bidders must be given an equal opportunity to win a contract, with all offers evaluated based on their quality and value for money. Smaller suppliers can compete with larger organisations in a fair system, increasing competition and maximising savings for the public sector.

In conclusion, invitation to tender is an important procedure in the UK public sector, allowing contracts to be awarded fairly while ensuring that only suitable suppliers are chosen. By using our step-by-step guide as well as our community template library – available free today – you can create an effective ITT without requiring expertise or advanced qualifications. Read on below for more information on how Genie AI can help you craft your perfect Invitation To Tender now!

Definitions (feel free to skip)

Invitation to Tender (ITT) Process: A process by which a company or organization invites potential bidders to submit a proposal or bid for a specific project or service.

Regulations and Laws: Official rules and regulations that govern the way that a particular activity or process is conducted.

Timeline: A sequence of events that occurs over a period of time.

Types of Documents: Written papers, forms, or other materials that are used to provide information or evidence.

Stakeholders: People or groups who have an interest in or are affected by a particular activity or process.

Risks: A potential for loss or harm that may arise due to a particular activity or decision.

Criteria: Standards or rules used to evaluate a certain activity, process, or product.

Contract Terms and Conditions: The legal terms and conditions that are included in a contract and agreed upon by all parties involved.

Bid Pack: A collection of documents that are used to provide potential bidders with information and instructions on how to submit a bid.

Debrief: A review of a particular activity or process in order to identify successes and areas for improvement.

Contents

  • Understanding the Invitation to Tender (ITT) Process
  • Research applicable regulations and laws
  • Understand the timeline of the ITT process
  • Familiarize yourself with the types of documents required
  • Setting the Scope of Work
  • Gather requirements from stakeholders
  • Identify potential risks
  • Develop a clear scope of work
  • Establishing Evaluation Criteria
  • Define the criteria for evaluating bids
  • Prioritize criteria in order of importance
  • Confirm criteria with stakeholders
  • Establishing Contract Terms and Conditions
  • Identify specific requirements for the contract
  • Ensure compliance with applicable laws and regulations
  • Consult legal counsel
  • Creating a Bid Pack
  • Prepare a bid pack containing the ITT documentation
  • Include the scope of work, evaluation criteria, and contract terms
  • Ensure the bid pack is complete and accurate
  • Contacting Potential Bidders
  • Identify potential bidders
  • Contact bidders to inform them of the ITT process
  • Provide bidders with the bid pack
  • Securing Bids
  • Monitor responses to ensure bids are received before the deadline
  • Follow up with bidders as needed to ensure bids are complete
  • Evaluating Bids
  • Review each bid according to the evaluation criteria
  • Score each bid according to the criteria
  • Consider any additional information or clarification provided by bidders
  • Awarding the Contract
  • Determine the winning bid
  • Notify the winning bidder of their success
  • Provide feedback to unsuccessful bidders
  • Post-Tender Debrief
  • Conduct a debrief with stakeholders to review the process
  • Analyze successes and areas for improvement
  • Document lessons learned for future tenders

Get started

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FAQ:

Q: What are the differences between UK and EU tenders?

Asked by John on August 30, 2022.
A: Tendering processes in the UK and EU have a few key distinctions. In the UK, public sector tenders are usually issued according to Procurement Regulations which are set out by the government. These regulations are designed to ensure that public money is spent fairly and transparently. In the EU, tenders are subject to the European Union’s public procurement rules, which set out how national authorities should run their procurement processes. Generally, EU tenders are more complex and require more paperwork than UK tenders.

Q: What is a PQQ and how do I prepare one?

Asked by Sarah on April 14, 2022.
A: A Pre-Qualification Questionnaire (PQQ) is a document used to evaluate potential suppliers or contractors before they can be invited to tender for a project or contract. The PQQ will typically include questions about the supplier’s past experience, qualifications and financial standing. Preparation for a PQQ should include an understanding of the objectives of the project, an analysis of potential suppliers or contractors, and research into their background and capabilities. It’s important to have a clear plan for how you will assess each respondent’s answers and select those who can move on to the next stage of the process.

Q: Is there any special legislation I should be aware of when preparing an invitation to tender?

Asked by David on March 3, 2022.
A: Yes, there may be specific regulations that need to be taken into account when preparing an invitation to tender. For example, in the UK there are rules set out in the Public Contracts Regulations 2015 which govern how public sector tenders must be conducted. There may also be industry-specific legislation that applies to certain projects or contracts. It is important to ensure that all relevant legislation is taken into account when preparing an invitation to tender in order to ensure that it is compliant with the law.

Q: What criteria should I use when evaluating responses?

Asked by Emily on December 11, 2022.
A: When evaluating responses to an invitation to tender it is important to establish criteria that will help you make an informed decision about who should be awarded the contract or project. Criteria should include both technical and financial elements depending on the nature of the project or contract, such as experience in similar projects, ability to meet deadlines, cost effectiveness and value for money. It’s also important to consider any other factors that may influence your decision such as sustainability credentials or environmental considerations.

Q: How do I ensure my invitation to tender is fair and transparent?

Asked by Peter on October 17, 2022.
A: Ensuring fairness and transparency in an invitation to tender process is essential in order to comply with legal requirements as well as maintain a good reputation with potential suppliers or contractors. This can be done by clearly outlining all requirements in the invitation document as well as providing a detailed evaluation criteria for assessing responses. It is also important to ensure that all potential suppliers or contractors are given equal opportunity throughout the process, from initial shortlisting through to final selection.

Q: Can I use a template for my invitation document?

Asked by Matthew on May 1, 2022.
A: Yes, it can be useful to use a template when drafting an invitation document as it provides a good starting point for you to work from and ensures all relevant information is included in your document. Templates can help you save time when preparing an invitation document as they provide a structure which you can then tailor according to your specific needs and requirements. It is important however that any template you use is compliant with applicable laws and regulations in your jurisdiction as well as being tailored appropriately for your particular project or contract.

Q: What information should I include in my invitation document?

Asked by Jessica on July 9, 2022.
A: An effective invitation document should provide all necessary information about the project or contract you are tendering for including objectives, timelines, evaluation criteria and selection criteria etc. Your document should also set out any specific instructions for responding such as deadlines for submission of bids and any qualifications required from potential suppliers or contractors etc. It’s important that all information provided is clear and concise so that potential suppliers have access to everything they need in order to make an informed decision about whether they wish to respond or not.

Q: How should I handle bids from unsuccessful suppliers?

Asked by Joseph on November 14, 2022.
A: Once bids have been received it’s important that unsuccessful suppliers are handled sensitively and professionally in order to maintain good relationships with them for future projects or contracts if needed. Unsuccessful suppliers should be notified promptly once decisions have been made but feedback must also be provided where possible so they understand why their bid was unsuccessful and what improvements they could make next time around if required. Communication with unsuccessful suppliers should also remain open so they feel comfortable approaching you again in future if needed without feeling like they have been unfairly treated during the process.

Example dispute

Lawsuit Relevant to Invitation to Tender

  • The plaintiff can raise a lawsuit referencing an invitation to tender if it can be established that the defendant breached certain rules and regulations, or acted in a negligent manner, when responding to the invitation to tender.
  • The plaintiff can also raise a lawsuit if it is established that the defendant failed to meet the requirements of the invitation to tender and caused economic damage to the plaintiff.
  • The plaintiff can also reference the invitation to tender if it is established that the defendant engaged in unfair business practices or made false statements in the invitation to tender.
  • The plaintiff may be able to win the lawsuit by proving that the defendant’s actions caused economic harm or other damages to the plaintiff.
  • Settlement of the lawsuit may be reached through negotiation, or a court may award damages to the plaintiff. Damages may include lost profits, lost business opportunities, or other losses that the plaintiff may have suffered due to the defendant’s actions.

Templates available (free to use)

Standard Invitation To Tender

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