Pusuc PRocuREMENT AND DISPOSAL OF Pusuc AssETs
No.S/2017
41
Cap.22:23
Clarification and modification of bidding documents
( 1) A procuring entity shall respond promptly and in writing to a written request
from a bidder for clarification of any bidding document, and the response shall be
communicated simultaneously to all the bidders without identifying the bidder that
requested the clarification and in a manner that does not disclose the identities of the
other bidders.
(2) For the purpose of clarifying bidding documents, a procuring entity may,
before the close of the bidding period-
(a)
hold one or more meetings of bidders; and
(b)
conduct one or more site visits;
which all bidders shall be invited to attend.
(3) Any clarification of bidding documents in terms of subsection (1) or (2)
shall be effected within such period as may be prescribed.
(4) A procuring entity may modify its bidding documents at any time before the
end of the bidding period, but the modification shall be communicated simultaneously
to all the bidders and, where necessary, the procuring entity shall extend the bidding
period to allow bidders to alter their bids to take the modification into account
(6) A procuring entity may establish an electronic system approved by the
Authority for the purpose of this section.
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Cancellation of procurement proceedings or rejection of bids
( 1) lf possible a procuring entity shall avoid cancelling procurement proceedings,
but may do so where-
(a)
(b)
the need for the procurement has ceased to exist or changed significantly;
or
insufficient funding is available for the procurement; or
(c)
there is a significant change in the technical details of the procurement
requirement, or in the bidding conditions, contractual terms or other
particulars, so that the procurement proceedings need to be recommenced;
or
(d)
subject to subsection ( 5), insufficient, or no responsive bids are received;
or
(e)
there is evidence of collusion among bidders; or
(f)
it is otherwise in the public interest.
(2) Whenever a procuring entity cancels procurement proceedings it shall
promptly notify bidders accordingly, and cause a written statement detailing the reasons
for the cancellation to be filed with the record of the proceedings.
(3) Where a procuring entity cancels procurement proceedings before the end
of the bidding period, it shall(a)
ensure that all hard-copy bids received are available for the bidders to
collect for a period of thirty days following the announcement of the
cancellation; and
(b)
destroy all bids after the thirty-day period referred to in paragraph (a).
(4) If so specified in the bidding documents, a procuring entity may reject all
bids at any time prior to their acceptance, where the bids are not substantially responsive,
or where there is evidence of lack of competition:
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