How to spot a tender written for someone else

People in procurement call it a "wired" tender: one where the outcome seems decided before it is advertised. Real ones are less common than frustrated bidders think, but they exist, and spotting them saves weeks of wasted effort.

The warning signs

• A product is named without "or equivalent". Most procurement rules discourage naming brands unless there is a real reason, such as compatibility with an existing system.
• Experience requirements that fit one firm exactly. "Must have delivered a case management system for three provincial ministries of justice in the last two years" may describe one supplier.
• Very short response times for complex work, which favour a firm that already knows it is coming.
• A renewal where the incumbent is doing well. Buyers rarely switch from a supplier they like.
• Detailed knowledge of the buyer's systems being assumed, with little information provided.
• An advance contract award notice or a notice of intent to award directly. Here the buyer has openly said who it plans to give the work to, and invites anyone who disagrees to show they could do it.

Not every tight requirement is unfair

Sometimes a requirement is specific because the work is specific. A buyer replacing one part of a large system really does need someone who knows that system. Being narrow is not the same as being biased.

What you can do

1. Ask a clarification question. "Will the buyer accept equivalent experience with other public bodies?" Questions and answers are usually shared with all bidders, and buyers do change requirements in response.
2. Raise a concern formally, if the rules allow it. Many systems have a process for challenging requirements before the closing date. Do it early and politely.
3. Respond to an advance award notice if you can genuinely meet the requirement. You have to show you can, not just that you would like to.
4. Walk away and get ready for the next round. Note when the contract ends and get to know the buyer before it is re-tendered. See using contract award data.

When it's still worth bidding

If you can score well on most of the criteria and the buyer is known for running fair competitions, bid. Incumbents lose more often than people think, especially when they have become expensive or complacent. A strong, specific bid can also put you first in line for the next opportunity.

Common questions

Can I complain about an unfair tender?

Yes. Most countries have a bid challenge or complaint process, and some have an independent body such as the Office of the Procurement Ombudsman in Canada. Deadlines are often short, so act quickly.

What does "or equivalent" mean in a tender?

It means the buyer will accept a product or qualification that meets the same need as the one named, so you can offer an alternative if you can show it is equivalent.

Is it worth bidding against an incumbent?

It can be, especially if the incumbent's contract has had problems or the requirements have changed. Find out what the buyer would like done differently and make that the centre of your bid.