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FILLING OF BID FORM

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Re: FILLING OF BID FORM

Post  RJM on Fri May 30, 2014 2:30 pm

RRM,

As a matter of principle, the aspects itemized in R 204 (2)/446/2013 & R 205/446/2013 which are deemed to constitute material deviations are delivered from the three tests I referred to in my submission.

I am of view also that the aspects stipulated in the referred regulations are not exhaustive to cover all material deviations might be encountered in the evaluation process.

Take this scenario into account:

Bid Data Sheet specified that bidders should submitted one original and three copies. The typical clause is reproduced for easy referencing; "The Bidder shall prepare one original of the documents comprising the bid as described in ITB 11 and clearly mark it “ORIGINAL”. Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked “ALTERNATIVE”. In addition, the Bidder shall submit copies of the bid in the number specified in the BDS, and clearly mark each of them “COPY.” In the event of any discrepancy between the original and the copies, the original shall prevail".

During opening of bids it was recorded that one bidder submitted one original without copies and another bidder submitted three copies without original.

What do you think happened in the evaluation process in the context of material deviations.

RJM

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Re: FILLING OF BID FORM

Post  RRM on Thu May 29, 2014 6:38 pm

RJM,

according to my understanding, knowing the Material Deviations as stipulated by Reg. 204 and 205, leads to conclusion that all other deviations not included in these Regulations are Minor Deviations based on Reg. 207 (b)

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Re: FILLING OF BID FORM

Post  GWK on Thu May 29, 2014 4:29 pm

RJM wrote:
GWK wrote,


It is known that minor deviations & reservations are waived and therefore no bid is disqualified for those minors.


GWK

You have touched exactly what I wanted you to say for the benefit of the forum members. In evaluating bids, team must be aware and conversant with what constitute MAJOR and MINOR deviations in the bids. Teams must be able to distinguish between "Substantially Responsive Bids - bids with minor deviations and acceptable" and "Non-Responsive Bids - bids with material deviations or reservations". I am forced to revert to R 90(Cool/2005 (in the Regulations of 2013 this provision has been omitted) to set the principle of what constitute "Major" and "Minor" deviations. The referred regulation states "A material deviation or reservation is one which (i) affects the scope, quality or performance of the contract, or which, in any substantial way, is (ii) inconsistent with the tender document or limits the procuring entity’s rights or the tenderer’s obligations under the contract, and (iii) affects unfairly the competitive position of tenderers presenting responsive tenders. To me (i), (iii) & (iii) are classic tests to be used to conclude whether the deviation is material or not.

GWK, the Bid Form submitted by the bidder whether typed or in the letterhead of the company or used the format provided in the bidding documents should be subjected to three tests above before reaching disqualify the bid.

RJM
As you have shown in your replies you agree that there are Major and Minor deviations/reservations. The Major are the ones leading to disqualification of a bid while minor deviations considered substantial responsive. According to PPR2013 regulation 207 there are penalties (a sum) which is calculated and added to the bid with minor deviation. Now RJM, suppose company X evaluated offer for the works is 98million and have an additional of penalties amounting to 0.3million, their total sum for comparison will be 98+0.3million = 98.3million. Assume another company Y has evaluated offer for the works 98.2million. In view of above, Company Y will be awarded the contract at 98.2 instead of company X at their offer of 98.0 and the reason being additional sum due to minor deviations. I therefore advise you to avoid any kind of deviation/omissions for they can deny your company an opportunity to win the tender.

For more information Please note Reg. 207 (2) (c) as quoted below;

(2) Notwithstanding regulation 202 (5) -
(a) a procuring entity shall correct purely
arithmetical errors that are discovered during the
examination of tenders and the procuring entity
shall give prompt notice of any such correction to
a tenderer that submitted the tender;
(b) a procuring entity may regard a tender as
responsive even if it contains minor deviations
that do not materially alter or depart from the
characteristics, terms, conditions and other
requirements set forth in the solicitation
documents or it contains errors or oversights that
are capable of being corrected without touching
on the substance of the tender;
(c) any such deviations shall be quantified to the
extent possible, and appropriately taken account
of in the evaluation and comparison of tenders
.

I remain


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Re: FILLING OF BID FORM

Post  RJM on Mon May 19, 2014 12:56 pm

GWK wrote,


It is known that minor deviations & reservations are waived and therefore no bid is disqualified for those minors.


GWK

You have touched exactly what I wanted you to say for the benefit of the forum members. In evaluating bids, team must be aware and conversant with what constitute MAJOR and MINOR deviations in the bids. Teams must be able to distinguish between "Substantially Responsive Bids - bids with minor deviations and acceptable" and "Non-Responsive Bids - bids with material deviations or reservations". I am forced to revert to R 90(Cool/2005 (in the Regulations of 2013 this provision has been omitted) to set the principle of what constitute "Major" and "Minor" deviations. The referred regulation states "A material deviation or reservation is one which (i) affects the scope, quality or performance of the contract, or which, in any substantial way, is (ii) inconsistent with the tender document or limits the procuring entity’s rights or the tenderer’s obligations under the contract, and (iii) affects unfairly the competitive position of tenderers presenting responsive tenders. To me (i), (iii) & (iii) are classic tests to be used to conclude whether the deviation is material or not.

GWK, the Bid Form submitted by the bidder whether typed or in the letterhead of the company or used the format provided in the bidding documents should be subjected to three tests above before reaching disqualify the bid.

RJM

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Re: FILLING OF BID FORM

Post  GWK on Fri May 16, 2014 10:27 pm

sadikika wrote:Refer the following clause in the ITB 13.1 , "The Bidder shall complete the Bid Form furnished in the Bidding Documents. The Bid Form must be completed without any alterations to its format and no substitute shall be accepted", Question: Is it right or wrong for the bidder to use other typed form of bid but without alteration on the original contents?

RJM/
It is known that minor deviations & reservations are waived and therefore no bid is disqualified for those minors. However, may be subjected to a certain sum for fair comparison with others.

The first question from Sadikika is as quoted above. The bold sentence is the origin of my worries and therefore to be in a safe position is better Sadikika is advised to fill in the furnished bid form (not format) as they are in the bidding document.

My dictionary shows that;
Alteration = Modification, revision, adjustment
Format = layout, design, set-up, arrangement
Substitute = Alternate, Replacement

I will appreciate the lawyers opinion on interpretation of the ITT as submitted by Sadikika

with regards


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Re: FILLING OF BID FORM

Post  RJM on Fri May 16, 2014 12:34 am

GWK wrote,


Further more, Procurement entity may waive any minor informality, non conformity, or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any tender. Here is where the penalties are imposed.


On the basis of your above submission, will you disqualify a bidder who have retype Bid Submission Form in his/her letterhead?

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Re: FILLING OF BID FORM

Post  GWK on Thu May 15, 2014 9:28 pm

RJM,

Thanks for your valuable contributions in this forum.

Regarding the question on table, my worry to amend/copy the bid submission form comes from the provisions of for example (PPRA) ITT for small works, clause 28. which states that (1) "Prior to the detailed evaluation of tenders, the procuring entity will determine whether each tender meets the eligibility criteria defined in ITT, .......... and substantially responsive to the requirement of the tendering document. (2) A substantially responsive tender is one which conforms to all terms, condition as provided in the tendering document.

The forum member's question clearly states that his/her tendering document has forbidden retyping of Bid submission form and in light of provisions of the mentioned ITT (28) there is no need of retyping the form for purpose of using you company letter head. You can use it on a tender submission covering letter.

Further more, Procurement entity may waive any minor informality, non conformity, or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any tender. Here is where the penalties are imposed. Example if it were provided one original and three copies to be submitted and one has submitted original and two copies then evaluation team may impose a certain sum to the one submitted original and two copies for fair comparison with others. But this is used for evaluation purpose only.



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Re: FILLING OF BID FORM

Post  RJM on Thu May 15, 2014 6:34 pm

GWK wrote;


Take care, if it were me I would only fill in the provided bid form and the logo of my company in the tender submission cover letter. This is because there are penalties during evaluation of bids which may deny you the job opportunity.


GWK,

For the benefit of the members, grateful if you could qualify/mention/identify the penalties you are referring to which could lead to deny any bidder to be awarded the contract.



Last edited by RJM on Fri May 16, 2014 12:35 am; edited 1 time in total

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Re: FILLING OF BID FORM

Post  GWK on Thu May 15, 2014 5:26 pm

sadikika wrote:Refer the following clause in the ITB 13.1 , "The Bidder shall complete the Bid Form furnished in the Bidding Documents. The Bid Form must be completed without any alterations to its format and no substitute shall be accepted", Question: Is it right or wrong for the bidder to use other typed form of bid but without alteration on the original contents?

Sadikika,
Take care, if it were me I would only fill in the provided bid form and the logo of my company in the tender submission cover letter. This is because there are penalties during evaluation of bids which may deny you the job opportunity.

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Re: FILLING OF BID FORM

Post  RJM on Sun Jan 20, 2013 7:59 pm

Sadikika,

What matter is the contents. If the contents is the same as what have been provided in the Bid Form contained in the bidding documents - it is okay. Most of the bidders prefer to use company's letterhead .

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FILLING OF BID FORM

Post  sadikika on Sat Jan 19, 2013 4:30 pm

Refer the following clause in the ITB 13.1 , "The Bidder shall complete the Bid Form furnished in the Bidding Documents. The Bid Form must be completed without any alterations to its format and no substitute shall be accepted", Question: Is it right or wrong for the bidder to use other typed form of bid but without alteration on the original contents?

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