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Can the offer be presented on behalf of a third party?

Bid Presentation

Look, in the roll of public tenders, people always ask if it is possible to put an offer on the name of another. And, honestly, the answer is not as simple as a yes or a no. It depends a lot on the country's legislation, but what it usually sends is that the offer has to go in the name of which, if you win, you will sign the contract with the administration. That is, nothing to play the ghost representative.

As for SEO and all that world, words such as "public tenders", "public procurement" and "presentation of offers" are pure gold. If you are looking for information on these issues, you will surely run into those terms every so often.

The truth is that most public procurement laws are quite strict with this. They demand that the company submitted to the offer is the same that will execute the contract. Because? Well, to avoid trouble later, guy who signed has no idea or the ability to fulfill. You can help another to build the offer, of course, but present it in your name ... That is another story. If you try, it is most likely to disqualify you in two seconds and, hopefully, just remain and do not fall a fatter penalty.

For example, in Spain, with the Public Sector Contract Law (the famous article 140), they leave it very clear: they can only hire those who have full capacity to act and are not vetoed, and also have to demonstrate solvency. No lists of friends or undercover favors.

Now, let's say a company wants to get into the public tender game but does not give life or resources to fulfill the contract alone. What are you doing? Easy: You can set up a consortium or an UTE (Temporary Business Union) and thus share the chamba and responsibility. It's like pineapple to be stronger and, incidentally, put a more competitive offer.

Another play is to be subcontractor. In this case, you do not present the offer, the main company does, but then it calls you to be part of the work. I mean, you are still inside, but from the shadow.

Anyway, the basics here is not to go crazy and skip the rules. Each country has its own legal manias, so you better talk to a lawyer who knows the subject before putting the leg. Don't play it.

In summary: you can help prepare an offer for a third party, but present it as if it were yours, or joke. Do it under your name, set up a consortium, or Add like subcontracting. And please consult an expert before throwing yourself into the ring. That then the dislikes come and nobody wants that.

Marta Jiménez

Marta Jiménez

Expert in public procurement • Digital transformation of tenders • Trainer and author at Tendios

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