Power of Attorney for Tenders and Government Procurement: What You Need to Know

Power of Attorney for Tenders and Government Procurement: What You Need to Know

If your organization participates in tenders or government procurement through an authorized representative, a notarized power of attorney is not optional — it is essential. Procurement platforms and contracting authorities in Uzbekistan are entitled to deny access if the representative's authority is not properly documented. In my practice, I frequently see technically sound bids rejected not because the company failed to meet procurement requirements, but because of avoidable errors in the power of attorney itself.

Key Points

• The power of attorney must be notarized. A simple written authorization signed by a director is generally not accepted for official public procurement procedures.
• Authorities must be defined specifically. The more precisely the representative's scope of powers is stated, the lower the risk of disputes with the contracting authority.
• Validity period matters. The power of attorney must remain valid throughout the entire participation cycle — from submission of the bid through to signing the contract.
• Legal entities must provide corporate documents. The notary will verify that the person granting the power of attorney is duly authorized to do so on behalf of the company.

What Powers to Include

A power of attorney for tender participation is not a one-size-fits-all document — its content depends on the specific tasks the representative will perform. In public procurement practice, it is important to clearly delineate exactly what the representative is authorized to do:

I recommend preparing a comprehensive list of all actions your representative will need to perform and bringing it to your notary appointment — this ensures the power of attorney is drafted without any gaps.

Documents to Bring

For a legal entity (company):

• State registration certificate or current extract from the legal entities register
• Articles of association (charter)
• Resolution or order confirming the appointment of the director
• Passport of the director (the principal)
• Passport of the representative (the attorney-in-fact)

For a sole trader (individual entrepreneur):

• Sole trader registration certificate
• Entrepreneur's passport
• Representative's passport

If the power of attorney is being prepared for a specific tender, it is helpful to bring the procurement notice or technical specification — this allows the scope of authority to be formulated with precision.

Validity Period and Revocation

Uzbekistani law does not prescribe a single mandatory duration for this type of power of attorney — it is set at the principal's discretion. In practice, I advise aligning the validity period with the realistic procurement timeline: from the opening of bid submissions through to the expiry of any challenge period or the completion of contract performance.

It is worth noting that a power of attorney may be revoked at any time; however, the principal must notify the representative of the revocation and, where necessary, inform the contracting authority as well. A notary can also certify a formal revocation instrument.

Frequently Asked Questions

Is notarization mandatory, or is the director's signature on company letterhead sufficient?

The majority of public procurement platforms and contracting authorities in Uzbekistan require notarial certification. A simple company-signed authorization may be accepted for certain internal procedures, but for participation in official tender processes, notarization is strongly recommended to avoid rejection on technical grounds.

Can one power of attorney cover multiple tenders?

Yes. A power of attorney granting general authority to participate in procurement procedures allows the representative to act across multiple processes during the instrument's validity period. The key is to ensure the wording of the authority does not restrict the representative to a specific lot, if you intend to participate in different procurement rounds.

Does a co-founder of the company need a power of attorney?

Yes, unless that person is also the sole executive officer (director). Co-founder status alone does not confer the right to sign documents on behalf of the legal entity.

How much does it cost to have this type of power of attorney notarized?

Please verify current fees directly with the notary at the time of your appointment, as notarial tariffs are subject to periodic revision. The total cost generally comprises the state duty and a fee for technical and legal drafting services.

What if the representative loses the power of attorney?

The notary who certified the original document can issue a certified duplicate. Contact the notarial office where the power of attorney was executed.

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*This article is provided for general informational purposes only and does not substitute for individual notarial advice tailored to your specific circumstances.*

Get Your Power of Attorney Drafted

If your company is preparing to participate in a tender or government procurement process in Uzbekistan and requires a power of attorney for your representative, I invite you to contact my notarial office in the Yunusabad district of Tashkent. I will help you formulate the necessary authorities in line with the specific requirements of the relevant platform and the nature of the procurement, so that your representative can be admitted to the process without delay.