Section 65
Special Evaluation Of Bids Of Construction Works
(1) The evaluation committee shall, in evaluating a bid of a construction work, evaluate the following matters in addition to the matters set out in Rules 62,
63 and 64:
(a) Whether the work plan, performance schedule and mobilization time of the construction work conform to the bidding documents or not,
(b) Whether the per unit rate quoted by the bidder for the item contained in the bill of quantities is reliable or not,
(c) Whether the quoted price is imbalanced or not for the following reasons:
(1) the bidder has quoted unusual high rate for an item of the work to be executed at the initial stage of the procurement contract, or
(2) the bidder has quoted unusual high rate for any item of the bill of quantity believed by him or her to have been underestimated.
(d) Whether the bidder has technical capacity to complete the construction work in conformity with the description referred to in clause (n3) of sub-section (2) of Section 13 of the Act or not.
(2) The evaluation committee shall examine whether or not the bidder has quoted low price in the circumstance referred to in clause (c) of sub-rule (1) or has quoted in such a manner that he or she cannot complete the work satisfactorily or has quoted low price whether or not upon wrongly understanding the scope or technical specifications of the construction work or has quoted high rate for the work to be executed at the preliminary stage (front loading) or in the circumstance referred to in clause (c) of sub-rule (1). Where low price has been so quoted, the evaluation committee shall seek clarification along with a rate analysis from such a bidder.
(3) The evaluation committee may recommend the public entity for acceptance of the bid by taking from such a bidder additional performance security equivalent to an amount of eight percent of his or her quoted bid price if the clarification sought
pursuant to sub-rule (2) is found to be satisfactory and for rejection of such a bid if the clarification is not found to be satisfactory.
(4) The additional performance security taken pursuant to sub-rule (3) shall be returned after the payment of final bills.
(4a) In evaluating the bids pursuant to Section 25 of the Act, the evaluation committee shall not count for additional work the bidder's technical and financial capacity which is in use in any public entity or project to the extent it is necessary for such an entity or project as set out in the bidding documents.
(4b) For the purpose of sub-rule (4a), the bidder shall obtain from a public entity or project a description as to the extent the bidder's financial and technical capacity out of the financial and technical capacity which is already in use in the public entity or project required for such a public entity or project and submit it along with the bidding documents.
(4c) The matter that a bidder can obtain a tender of only such amount that does not exceed the amount to be set by a maximum of seven times of the average annual turnover of the annual turnover of construction works in any three fiscal years with maximum turnover made by the bidder shall be taken as a criterion for the bidder's qualification and evaluation. In so calculating the annual turnover of three fiscal years, such calculation shall be made from within the immediately preceding ten fiscal years.
(4d) In calculating the amount to be set by seven times of the amount of annual turnover pursuant so sub-rule (4c), it shall be
ascertained only upon subtracting the amount of annual liability for the running contract.
(4e) For the purpose of this Rule, the bidder shall make a self- declaration as to the financial and technical capacity and submit its description together with the bidding documents. If the description so submitted is found to be false, the bid submitted by the bidder shall be excluded from the evaluation process and action shall be taken in accordance with the prevailing law.
(4f) The assets has to be more than the net liabilities of the bidder in the balance sheet of the last fiscal year, and the credit line facility has to be available in such form as determined by the Public Procurement Monitoring Office.
(4g) Notwithstanding anything contained in sub-rules (4a), (4b), (4c), (4d), (4e) and (4f), the bids in the process of evaluation prior to the commencement of this Rule shall be subject to the provisions in force prior to the commencement of this Rule.
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63 and 64:
(a) Whether the work plan, performance schedule and mobilization time of the construction work conform to the bidding documents or not,
(b) Whether the per unit rate quoted by the bidder for the item contained in the bill of quantities is reliable or not,
(c) Whether the quoted price is imbalanced or not for the following reasons:
(1) the bidder has quoted unusual high rate for an item of the work to be executed at the initial stage of the procurement contract, or
(2) the bidder has quoted unusual high rate for any item of the bill of quantity believed by him or her to have been underestimated.
(d) Whether the bidder has technical capacity to complete the construction work in conformity with the description referred to in clause (n3) of sub-section (2) of Section 13 of the Act or not.
(2) The evaluation committee shall examine whether or not the bidder has quoted low price in the circumstance referred to in clause (c) of sub-rule (1) or has quoted in such a manner that he or she cannot complete the work satisfactorily or has quoted low price whether or not upon wrongly understanding the scope or technical specifications of the construction work or has quoted high rate for the work to be executed at the preliminary stage (front loading) or in the circumstance referred to in clause (c) of sub-rule (1). Where low price has been so quoted, the evaluation committee shall seek clarification along with a rate analysis from such a bidder.
(3) The evaluation committee may recommend the public entity for acceptance of the bid by taking from such a bidder additional performance security equivalent to an amount of eight percent of his or her quoted bid price if the clarification sought
pursuant to sub-rule (2) is found to be satisfactory and for rejection of such a bid if the clarification is not found to be satisfactory.
(4) The additional performance security taken pursuant to sub-rule (3) shall be returned after the payment of final bills.
(4a) In evaluating the bids pursuant to Section 25 of the Act, the evaluation committee shall not count for additional work the bidder's technical and financial capacity which is in use in any public entity or project to the extent it is necessary for such an entity or project as set out in the bidding documents.
(4b) For the purpose of sub-rule (4a), the bidder shall obtain from a public entity or project a description as to the extent the bidder's financial and technical capacity out of the financial and technical capacity which is already in use in the public entity or project required for such a public entity or project and submit it along with the bidding documents.
(4c) The matter that a bidder can obtain a tender of only such amount that does not exceed the amount to be set by a maximum of seven times of the average annual turnover of the annual turnover of construction works in any three fiscal years with maximum turnover made by the bidder shall be taken as a criterion for the bidder's qualification and evaluation. In so calculating the annual turnover of three fiscal years, such calculation shall be made from within the immediately preceding ten fiscal years.
(4d) In calculating the amount to be set by seven times of the amount of annual turnover pursuant so sub-rule (4c), it shall be
ascertained only upon subtracting the amount of annual liability for the running contract.
(4e) For the purpose of this Rule, the bidder shall make a self- declaration as to the financial and technical capacity and submit its description together with the bidding documents. If the description so submitted is found to be false, the bid submitted by the bidder shall be excluded from the evaluation process and action shall be taken in accordance with the prevailing law.
(4f) The assets has to be more than the net liabilities of the bidder in the balance sheet of the last fiscal year, and the credit line facility has to be available in such form as determined by the Public Procurement Monitoring Office.
(4g) Notwithstanding anything contained in sub-rules (4a), (4b), (4c), (4d), (4e) and (4f), the bids in the process of evaluation prior to the commencement of this Rule shall be subject to the provisions in force prior to the commencement of this Rule.
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