Transcript Bid opening and bid evaluation

Session “International standards for tender submission”
Bid opening
and
bid evaluation
Ľubica Páleníková
EBRD-Consultant, WOLF THEISS
Kiev, 1-2 March 2012
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Agenda
1. Bid OPENING
2. Bid READING
3. Bid opening PROTOCOL
4. Bid EVALUATION
5. Bid DEFECTS
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BID OPENING (1)
Where?
 venue stated in the tender documents (usually the seat of
the contracting authority)
 precise information (incl. address, floor, room number)
When?
 after the deadline for the bid submission (as soon as
possible)
 date and time stated in the tender documents
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BID OPENING (2)
Who?
Public bid opening = bidders / their representatives
 number of persons per bidder often reduced due to the
room capacity
 verification of the powers of attorney
Contracting authority
 bid opening commission consisting of specialised experts
Exclusion of the bidders from the bid opening
 as an exception
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BID OPENING (3)
How?
 transparent = bid opening protocol
Contracting authority shall verify before bid opening
 closed and undamaged bids
 timely bids (i.e. before the deadline for the bid submission)
↔ rejection of late bids
 return to the bidder unopen
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BID OPENING (4)
How?
 transparent = bid opening protocol
Contracting authority shall verify after bid opening
 numbering of the bids (according to the time of the receipt
by the contracting authority)
 duly signed bids (verification in the commercial register
extract / power of attorney)
 complete bids (incl. all attachments / bid bond)
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Bid READING
What?
 name and seat of the bidder
 total bid price (incl. discounts / additional charges)
↔ not the individual unit prices
 relevant affidavits of the bidder
 award criteria other than price (if stated in numbers and
announced in the tender documents)
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Bid opening PROTOCOL (1)
Principle of transparency
Protocol
 unopen, undamaged bids
 timely
 duly signed
 complete
 bid reading
 evident bid defects
Attendance list
 names of the bidders / representatives
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Bid opening PROTOCOL (2)
Protocol
 signed by all members of the bid opening commission
 sending to the bidders by request (all bidders eligible to
attend the bid opening)
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Bid EVALUATION
Contracting authority shall review the conformity of the bid with the
tender documents and with the law.
Bid evaluation commission composed of specialised experts
 internal (contracting authority)
 external (e.g. IT-sector, medicine, geology)
Bid evaluation reports
 each member of the commission individually
 = justification of the award decision
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Bid DEFECTS (1)
Bid defects
 repairable
 irreparable
Ratio
 no rejection of the bid due to mere formal defects
The bidder must not gain an unfair competitive advantage when
repairing the bid defect.
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Bid DEFECTS (2)
Repairable bid defects
Contracting authority is obliged to request clarification from the
bidder.
Rejection of the bid only if
 bidder does not provide the necessary clarification (on
time)
 clarification is not conform with the tender documents / law
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Bid DEFECTS (3)
Repairable bid defects
! Case-law Austria
 missing evidence regarding the participation criteria (e.g.
existent certificates)
 copy of the bid bond
 missing power of attorney, but duly signed
 missing firm´s binding signature, but duly signed
 missing notification about the forming of a consortium in a
2-stage tender procedure
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Bid DEFECTS (4)
Irreparable bid defects
! Case-law Austria
 late bid
 not duly signed
 missing bid bond
 terms and conditions of the bidder (attached to the bid)
 with reservation regarding consultations with the
contracting authority
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Bid DEFECTS (5)
Examination of the bid price
Rejection of the bid due to a speculative price
Can the bid price be justified economically?
! Case-law Austria
Plausible justifications
 synergies
 extraordinary advantageous conditions
 discounts due to the market introduction
 not mere comparison with the bid price of other bidders
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Contact
Ľubica Páleníková, Dr. iur.
Tel: + 43 / 1 / 51510 – 2350
Fax: +43 / 1 / 51510 – 665355
E-Mail: [email protected]
WOLF THEISS Attorneys-at-Law
Schubertring 6
1010 Vienna
Austria
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