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CORRECTION OF ERRORS

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Re: CORRECTION OF ERRORS

Post  RSM on Wed Mar 14, 2012 6:41 pm

RJM

You wrote
No wonder that the bidder accepted the correction – easy - increases his bid price - why not!

Sometimes ago, I remember I had asked a question - which is the contractor's tender figure - Is it the rate against the items in the BOQ or the Tender Sum which appears in the Form of Tender?

Going by what RSM said it seems to me it is logical to stick to the tender sum which appears in the form of tender. The process of shifting the total amount in the BOQ to the tender sum in the Form of tender to me is not just arithmetical gamble. How on earth Can one shift 120,000 Tshs to the Form of tender an amount that was supposed to be Tshs. 420,000/- based on the rates he inserted in the BOQ?

I think PPRA need to do something about this when they prepare Regulations. They need to include provisions for abnormally low tender which I have seen recently being included in the Unictral Modal Law of Procurement 2011 Version, and these seemingly very large differences between the read out tender amount and the corrected tender figure.

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Re: CORRECTION OF ERRORS

Post  RJM on Fri Mar 09, 2012 12:41 am

Mrisho,

Many thanks. At least your clarification tells a story!

1. Changing the rates prior submitting the bid is not a sin – it is acceptable.

Mrisho, did the bidding documents issued to the bidders contained this classic clause?

Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the person or persons signing the Bid.

If yes, then, you can make decision. If No, then, you could be in dilemma to make decision!

2. No wonder that the bidder accepted the correction – easy - increases his bid price - why not!


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CORRECTION OF ERRORS

Post  MRISHO on Wed Mar 07, 2012 7:26 pm

RJM,
1. The bidder changed the rates prior to bid submission, and he did not review the Bid Price
2. The kind of pattern revealed was overwriting of 1 to be 4 (he did not initial aside)
3. The PE sent the letters of clarification with attached pages of arithmetic errors to individual bidders basing on their submission. The Bidder in dispute accepted the corrected bid price.

RJM wrote:
CGM,

This is a puzzle!

I'm just posing few questions for you to clarify prior embarking on commenting the subject.

1. Who changed the rates i.e. TZS 120,000 to TZS 420,000?
2. What kind of pattern revealed that the figures have been changed i.e. overwriting, erasures or interlineation?
3. What did bidder clarified?


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Re: CORRECTION OF ERRORS

Post  RJM on Sat Mar 03, 2012 12:00 am

CGM,

This is a puzzle!

I'm just posing few questions for you to clarify prior embarking on commenting the subject.

1. Who changed the rates i.e. TZS 120,000 to TZS 420,000?
2. What kind of pattern revealed that the figures have been changed i.e. overwriting, erasures or interlineation?
3. What did bidder clarified?


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Re: CORRECTION OF ERRORS

Post  Rutaihwa on Fri Mar 02, 2012 6:04 pm

HI Members &'Ng'wigi'
1. WHICH PRICE TB requested the bidder to clarify changed price or original one and WHICH PRICE confirmed by Bidder?
2. I think there is a serious problem with Evaluation COMMITTEE NOT THE Tender board. Which standard tender document and evaluation guidelines are they used? If they were using PPRA,s Standard Tender document and evaluation guidelines , then they all contain, in the instruction to bidders, provisions of how to handle arithmetic corrections

3. Its clear in the Evaluation guideline that all substantially responsive tenders must firstly be Examined for arithmetic errors. All calculations should be checked especially tenders which have been invited on Bills of quantities. Any difference between the unit price and the total must be corrected. The unit price must rule
In verification in awarding the tenders we should be directed towards deficiencies that if accepted would provide unfair advantages to the tenderer. In this case sound Judgement should be Used
4. Depends the price confirmed by bidder. If the bidder cofirm his original price, The TB should return the submission to PMU to review giving written reasons fo its disagreement.
If the bidder his Cofirmation based on Tempered price/falsifies price the Board are right to reject the recommendation and advise the Accounting officer request the Authority to Blacklist the Firm and Part VIII Prohibition of GN 97 of 2005 Reg 100, 101 (Cool, (9), 107, 108 should applay to Evaluation Committee (BIDDER & EVALUATION COMMETTEE ARE TEMPERING WITH SUBMITTED TENDERS BY ERASE AND MISLEADING THE BOARD AND PMU THERE ARE SUBJECTED TO ANY OTHER WRITTEN LOW)

CGM-''Ng'wigi'' wrote:Dear Members,
Suppose in this case, The Tender Board during its discussion realized that the corrected errors were increased anormally on some of rate used on BOQ from bidder A.

Let say earlier figure supposedly TZS 120, 000.00 CHANGED TO tzs 420,000 and some were TZS 150,000.00 changed to TZS 450,000.00 and these figures revealed a pattern that suggests the figures used may have been changed, Is it right the Tender Board to reject the recommended lowest evaluated bidder and take the next bidder?. In additional to that, though the TB requested the bidder to clarify and confirm on figures aforesaid, still the TB have the stance to reject, what the way forward on this issue?
[justify]


Last edited by Rutaihwa on Fri Mar 02, 2012 6:12 pm; edited 1 time in total (Reason for editing : CORRECTION)

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Re: CORRECTION OF ERRORS

Post  CGM-''Ng'wigi'' on Thu Mar 01, 2012 9:21 pm

Dear Members,
Suppose in this case, The Tender Board during its discussion realized that the corrected errors were increased anormally on some of rate used on BOQ from bidder A.

Let say earlier figure supposedly TZS 120, 000.00 CHANGED TO tzs 420,000 and some were TZS 150,000.00 changed to TZS 450,000.00 and these figures revealed a pattern that suggests the figures used may have been changed, Is it right the Tender Board to reject the recommended lowest evaluated bidder and take the next bidder?. In additional to that, though the TB requested the bidder to clarify and confirm on figures aforesaid, still the TB have the stance to reject, what the way forward on this issue?

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Re: CORRECTION OF ERRORS

Post  RSM on Wed Feb 22, 2012 12:28 am

RJM + Mrisho,

I think there is a serious problem with this tender board. Which standard tender document were they using? If they were using PPRA,s Standard Tender document, then they all contain, in the instruction to bidders, provisions of how to handle arithmetic corrections.

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Re: CORRECTION OF ERRORS

Post  RJM on Fri Feb 10, 2012 6:40 pm

Mrisho,

What kind of Tender Board is this? Correction of error during evaluation of tenders is provision provided in Regulations as well as in the Bidding Documents. Procedures are clear on how errors should be handled in the evaluation process. I doubt the knowledge of the referred Tender Board as far as PPA 2004 and its Regulations as well as Guidelines issued by PPRA.

The position which Tender Board is taking on the issue is contravening the legislations as the evaluation report won't be complete unless correction of error is done in the detail evaluation.

In case there is still disagreement on this between Tender Board and PMU, the PMU is mandated to contact PPRA for i
ndependent opinion.


Last edited by RJM on Fri Mar 02, 2012 11:46 pm; edited 1 time in total

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Re: CORRECTION OF ERRORS

Post  Rutaihwa on Thu Feb 09, 2012 5:16 pm

HI MRISHO
Correction of error is part and parcel of evaluation committee, the correction should be communicated to bidder and acknowledged by bidder. Unless otherwise there are another reasons which will lead to rejection of recommended bidder.
The legal action are clearly in Public Procurement Act.

MRISHO wrote:What is the legal action under the procurement legislation perspective when the Tender board rejects the evaluation report following the Bid Price of recommended Bidder for the award was increased by the Evaluation Committee as a result of correction of error done during the Bids Evaluation?
The arithmetic error found during the evaluation was due to discrepancy between Unit Price and the Total Price that is the Unit Price times the Quantity gives the different figure (Total Price) from the quoted ones. In response to that, the Correction of error increased the Read-out figure by increment of not more than 1%. Therefore, the Tender Board has ordered the Evaluation Committee to ignore such correction and rewrite the report with recommended Read-out figure (not subjected to correction) as the Contract Sum.

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CORRECTION OF ERRORS

Post  MRISHO on Wed Feb 08, 2012 2:28 pm

What is the legal action under the procurement legislation perspective when the Tender board rejects the evaluation report following the Bid Price of recommended Bidder for the award was increased by the Evaluation Committee as a result of correction of error done during the Bids Evaluation?
The arithmetic error found during the evaluation was due to discrepancy between Unit Price and the Total Price that is the Unit Price times the Quantity gives the different figure (Total Price) from the quoted ones. In response to that, the Correction of error increased the Read-out figure by increment of not more than 1%. Therefore, the Tender Board has ordered the Evaluation Committee to ignore such correction and rewrite the report with recommended Read-out figure (not subjected to correction) as the Contract Sum.

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