(1) Two-stage biding may be invited in the following
conditions:-
(a) When it is not feasible to define fully the technical aspects of
the goods or construction works or services to be procured or
the terms and conditions of the procurement contract at the
time of the invitation to bid, or
(b) Because of the complex nature of the goods or construction
works or services to be procured, if it is necessary for the
Public Entity to discuss with the bidders about how to resolve
the problems related to various technical aspects or the
procurement contract and about such technical aspects and
conditions of contract and benefits accruing there from.
(2) While inviting the first stage bid pursuant to this Section, the bidding
documents shall state the purpose of procurement, expected performance, broad
specifications and other broad features and the qualification of bidders, and
state that bidder shall not be required to quote the price in his/her bid and shall
submit only technical proposal and comments on the terms and conditions of
the proposed procurement contract.
(3) The Public Entity may hold discussions with any or all bidders in
relation to the bids submitted in response to the invitation to bid made pursuant
to Sub-section (2).
(4) The Public Entity may, also taking into account the discussions held
in pursuance to Sub-section (3), do the following in relation to the bids
submitted pursuant to Sub-section (2):
(a) Canceling a proposal relating to a bid that fails to meet the
basic requirements required to be met in relation to
procurement or fails to make minimum performance or fails to
complete the work within the specified period or that cannot
be modified to meet such requirements or to make such
performance or to complete the work within the specified
period or due to any other weakness,
(b) Modifying or improving the technical specifications,
evaluation criteria and terms and conditions of the
procurement contract in order to increase competition,
(c) Determining the evaluation system in order to determine the
appropriateness of various options submitted by the bidders.
(5) After the completion of the acts as referred to in Sub-section (4), the
Public Entity shall make invitation to second stage bid. In making such
invitation to bid, the bidders whose bids have not been cancelled pursuant to the
said Sub-section shall be invited to submit bid along with price in accordance
with revised bidding documents.
(6) The second-stage bidding proceedings to be carried out pursuant to
Sub-section (5) shall be carried out pursuant to the provisions contained in this
Chapter except for those provided for in this Section.