Public Procurement Act 2063

Chapter 3 Provisions Relating to Bid

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 authorised 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 the procurement contract attached to 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 the power of attorney for the authorised agent or local agent of the bidder is submitted or not,
(b) Where a joint venture agreement is necessary, whether such an agreement is submitted or not,
(c) Whether documents establishing the eligibility of the bidder and of the goods mentioned by the bidder are submitted or not,
(d) Whether the 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 the determination of prequalification, examination of the qualification of the bidder shall be made to ascertain whether or not it conforms to the prequalification.
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.