Section 23
Examination Of Bids
(1) The Public Entity shall have to submit to the
evaluation committee the bids opened pursuant to Section 22.
(2) The committee shall, prior to evaluating the bids submitted pursuant
to Sub-section (1), examine the bids in order to ascertain the following matters:-
(a) Whether documents establishing that the bidder is qualified
under law to submit the bid are submitted or not,
(b) Whether the bid is complete in accordance with the
instructions to bidders set forth in the bidding documents or
not and whether it is signed by the bidder or by the bidder’s
authorized agent or not,
(c) Where a bid security is required to be submitted along with the
bid, whether a bid security of such type, period and amount as
set forth in the bidding documents is accompanied with the bid
or not,
(d) Whether the bid is substantially responsive to the technical
specifications set forth in the bidding documents and the terms
and conditions of procurement contract attached with the
bidding documents or not.
(3) In examining the completeness of bids pursuant to clause (b) of Sub-
section (2), the following matters shall be examined:-
(a) Whether a power of attorney for the authorized agent or local
agent of the bidder is submitted or not,
(b) Where a joint venture agreement is necessary, whether such
agreement is submitted or not,
(c) Whether documents establishing the eligibility of the bidder
and of goods mentioned by the bidder are submitted or not,
(d) Whether necessary document relating to the qualifications of
the bidder is submitted or not,
(e) Where the bidding documents require the submission of a rate
analysis, whether such rate analysis is submitted or not,
(f) Other matters as prescribed.
(4) The Public Entity may, in the course of examining the bids pursuant
to this Section, ask bidders for necessary information.
(5) The concerned bidder shall have to provide the information sought by
the Public Entity pursuant to Sub-section (4) to the Public Entity, and in
providing such information, no change or alteration in the bid price or other
substance of the bid shall be allowed.
(6) In examining bids invited after determination of prequalification,
examination of the qualification of bidder shall be made to ascertain whether or
not it conforms to the prequalification or not.
(7) While examining the qualification pursuant to Sub-section (6), if the
qualification of a bidder is found to be substantially lower than what was at the
prequalification stage, the bid of such a bidder shall be rejected.
(8) If any arithmetical error is found in a bid in examining bids pursuant
to this Section, the Public Entity may correct such an error, and where, in
making such correction, there exists a discrepancy between unit rate and total
amount, the unit rate shall prevail, and the total amount shall be corrected as per
the same rate.
(9) Where there is a discrepancy between figures and words in a bid
submitted by a bidder, the amount in words shall prevail.
(10) Where any error is corrected pursuant to Sub-section (8) or (9),
information of such correction shall be communicated to the concerned bidder.
evaluation committee the bids opened pursuant to Section 22.
(2) The committee shall, prior to evaluating the bids submitted pursuant
to Sub-section (1), examine the bids in order to ascertain the following matters:-
(a) Whether documents establishing that the bidder is qualified
under law to submit the bid are submitted or not,
(b) Whether the bid is complete in accordance with the
instructions to bidders set forth in the bidding documents or
not and whether it is signed by the bidder or by the bidder’s
authorized agent or not,
(c) Where a bid security is required to be submitted along with the
bid, whether a bid security of such type, period and amount as
set forth in the bidding documents is accompanied with the bid
or not,
(d) Whether the bid is substantially responsive to the technical
specifications set forth in the bidding documents and the terms
and conditions of procurement contract attached with the
bidding documents or not.
(3) In examining the completeness of bids pursuant to clause (b) of Sub-
section (2), the following matters shall be examined:-
(a) Whether a power of attorney for the authorized agent or local
agent of the bidder is submitted or not,
(b) Where a joint venture agreement is necessary, whether such
agreement is submitted or not,
(c) Whether documents establishing the eligibility of the bidder
and of goods mentioned by the bidder are submitted or not,
(d) Whether necessary document relating to the qualifications of
the bidder is submitted or not,
(e) Where the bidding documents require the submission of a rate
analysis, whether such rate analysis is submitted or not,
(f) Other matters as prescribed.
(4) The Public Entity may, in the course of examining the bids pursuant
to this Section, ask bidders for necessary information.
(5) The concerned bidder shall have to provide the information sought by
the Public Entity pursuant to Sub-section (4) to the Public Entity, and in
providing such information, no change or alteration in the bid price or other
substance of the bid shall be allowed.
(6) In examining bids invited after determination of prequalification,
examination of the qualification of bidder shall be made to ascertain whether or
not it conforms to the prequalification or not.
(7) While examining the qualification pursuant to Sub-section (6), if the
qualification of a bidder is found to be substantially lower than what was at the
prequalification stage, the bid of such a bidder shall be rejected.
(8) If any arithmetical error is found in a bid in examining bids pursuant
to this Section, the Public Entity may correct such an error, and where, in
making such correction, there exists a discrepancy between unit rate and total
amount, the unit rate shall prevail, and the total amount shall be corrected as per
the same rate.
(9) Where there is a discrepancy between figures and words in a bid
submitted by a bidder, the amount in words shall prevail.
(10) Where any error is corrected pursuant to Sub-section (8) or (9),
information of such correction shall be communicated to the concerned bidder.