In the world of procurement and e-procurement, there are some basic terms you need to know because most people are not able to understand these basic terms and they made mistakes during the first tendering process. While they may seem interchangeable to those unfamiliar with the details of procurement, each term has its significant importance, purpose, and role in the procurement of services, goods, or projects.
This article explains the difference between tender, contract, bid, and auction and defines what is the purpose of each key term. Whether you are a procuring entity or a bidder looking to secure a government tender or simply want to know the tendering process or tender function.
Difference between Tender and Contract
These two terms are highly misunderstood by people because most people think that these two terms are the same and they have the same purpose.
Tender
- It’s a formal invitation by an organization (often a government or large corporation) to bidders, suppliers, and contractors to submit offers for the supply of services, goods, and projects.
- The process of tender starts when an organization publishes tender documents that include specifications, requirements, and terms and conditions. Interested parties submit their bids, which are evaluated based on predefined criteria.
Contract
- A contract is a mutual agreement between two or more parties where they agree to perform tasks or completion of projects on time.
- The process of the contract starts when procuring entities or organizations select a winner and want to reach an agreement with that bidder and they mutually agree with timelines, payment terms, deliverables, and certain obligations during completion of projects.
Key Differences between Tender and Contract in Easy Format
Features | Tender | Contract |
Definition | It’s a formal invitation for suppliers or bidders to submit offers for goods, services, or work. | It’s a mutual agreement between parties regarding payment terms, timelines, deliverables, and certain obligations. |
Purpose | The purpose behind launching tenders is to ensure a fair, transparent, and competitive process for procuring goods or services. | To come to an agreement, which is common among the parties involved, to lay down all particulars and stipulations formally. |
Initiator | Issued by a government or private organization (government, corporation, etc.) seeking goods or services. | Created by the parties (e.g., buyer and seller) after a bid is accepted. |
Process | It involves to publication of tender documents, meetings, receiving bids, and evaluating offers. | The process starts after acceptance of a bid and involves terms and conditions, agreeing on responsibility, and signing an agreement by all parties. |
Outcome | The tender outcome is to select the most suitable bid based on some predefined criteria. | The contract outcome is to agree with all parties during operation time and if anyone creates problems then they have valid proof in the form of a contract to take legal action. |
Legal Standing | No legal limitations, it is only treated as an invitation to submit bids. | Legally binding upon all parties involved once signed. |
Duration | Time-bound until the bidding process is complete | Duration will be fixed by both parties during the agreement time or contract time. |
Key Elements | Documentation, requirements, specification, terms for submission, and evaluation criteria. | Terms and conditions, deliverables, payment terms, responsibilities, and penalties. |
Flexibility | Less flexibility because everything is already mentioned in the tender documents so suppliers need to meet the requirements for selection. | More flexible; terms and conditions can be negotiated and made during contract time. |
Key Differences between Bids and Auctions in Easy Format
Features | Bids | Auctions |
Definition | It is a proposal for a specific amount of money by suppliers or builders for specified goods or services. | The sale of commodities or services to the bidder with the highest or lowest offer may be through a public or private sale. |
Purpose | The purpose of the bid is to compete for a procurement opportunity or for tenders. | To sell goods or services to the highest or lowest bidder in a competitive environment. |
Initiator | Started by suppliers or contractors in response to a tender or request for proposal (RFP). | Started by a seller to achieve the best price for their product or services. |
Process | Bids are submitted by the suppliers’ side and that is further evaluated by the buyer side based on some predetermined criteria. | Participants place competing bids in real-time (live or online) or through a sealed process. |
Outcome | The winning bid is selected based on predefined criteria (e.g., price, quality, compliance) | The item is sold to the highest bidder (traditional auction) or lowest bidder (reverse auction). |
Evaluation Criteria | Evaluation is based on several factors like cost, quality, timelines, and requirements. | Evaluations mainly focus on the highest or lowest bid. |
Nature of Competition | Perfect Competition because evaluation is not based on price also other factors are necessary for selection. | Nothing but competition, centered on reaching the extreme ends of prices no matter if there is an auction or not. |
Types | Fixed-price bid, sealed bid, competitive bid, etc. | Traditional auction, Dutch auction, reverse auction, sealed-bid auction, etc |
Flexibility | Bids are tailored to the specific requirements of the tender or request. | Auctions are less flexible |
Speed | It takes a longer time. | It’s faster because decisions are made within a timeframe. |
Conclusion
Understanding the key terms in procurement fields is necessary because it’s essential for navigating the complex process of procurement, whether in traditional or e-procurement. Each term has its own importance and significance from the initial procurement stages to the final stage of procurement.
By knowing what separates these words from others in their meanings, both parties involved in any purchasing activity can avoid common mistakes thus making choices that are more informed and have high chances of success. It is thus possible that anyone ranging from business entities to individuals will have clarity on the possible move to take when they need to procure.