Sunday 17 November 2019

National Tender Board

Frequently Asked Questions - Tender & Bidding

FAQs - Tender & Bidding

Projects which are being tendered out are published in the national newspaper  (the NATION) every Wednesday.   They  will be also be advertised on the National Tender Board’s website.   In the case of international tenders, these are also posted on the government website www.gov.sc and the COMESA’s website  (PROMIS) http://promis-sc.comesa.int

The bidding documents are available from the respective procuring entities  (i.e. the organisation).

Negotiations with the bidder(s) are not permitted after bid opening, be it the lowest bidder or with any other bidders.   The procuring entity could annul the tender in line with the Public Procurement Act 2008 and retender.   All the interested bidders would need to be informed accordingly.

The Public Procurement Act do not put any limit on the number of bids to be received in response to tender notices, provided that the procurement opportunity has been advertised in the prescribed manner.   The single bid may be considered if it meets the evaluation criteria expressed tender notice and is not in conflict with any other rules, regulations or policy  in force.

Whenever  the procuring entity is confronted with  a situation, where there is only one bid, and the rate quoted by the single bidder cannot be compared so as to declare it as the lowest rate or otherwise, the procuring entity may take a decision while keeping in view the comparison of prices with the market price or other goods/services/works procured during the current year.   Re-tendering would be a preferred option.

The Bid Security is the security instrument required to ensure that a bid remains valid during the period stated in the bidding document;  it is returned to the unsuccessful bidder(s) after the concluding the contract and to the successful bidder after signing of the contract.

The Bid Security  is forfeited if a bidder withdraws the bid after Bid Opening during the validity period or if the bidder does not accept the correction of the bid price or if the bidder fails within the specified time limit to sign the Contract.

The Performance Bond is the security instrument required to ensure that the supplier/ contractor honours the terms and conditions of its contract.   Failure will result in the Performance Bond being forfeited.

When tenders are advertised at national level, international bidders are not allowed to participate; however, when International Competitive Bidding method is used, national bidders can also participate.

“Expression of Interest” is a pre-qualification stage used to identify realistic candidates for the contract.   You may be asked to provide information about the financial position of your business and details of your qualifications and experience. Once you get through the pre-qualification stage, you may then receive an “Invitation to Tender”  to bid for  the contract.

Bidding is closed at the precise date and time of the deadline for submission of bids stated in the bidding document and no further bid is placed in the bid box or received in any other way, after closure.

Any bid that is received after the date and time of the deadline for submission of bids shall be declared late and should be return unopened to the bidder.

Once a tender is opened,  the bidders or their representatives attending the bid opening, are given a copy of the list of bid prices as called out at the bid opening. A list of the bid prices is also displayed immediately after the tender opening in the hall of the National Tender Board and it will also be found on the “opened tenders”section of the NTB’s website www.ntb.sc 

To assist in the examination, evaluation and comparison of bids, the Procuring Entity may seek clarification from bidders on their bids.   The requests and clarifications should be in writing or by fax, but no change in the bid price or substance of the bid shall be sought, offered or permitted, except to confirm the correction of arithmetic errors discovered by the procuring in the evaluation of the bids.

“Value for money” means getting the right balance between the price and quality of the product or service being offered. It can also involve factors such as lifetime costs and maintenance arrangements.

There are different approvals’ authority for different amount, as follows:

Approved byHead of Organisation  (PS/CEO)Independent Procurement CommitteesNational Tender Board
Type Amount (SCR)   Amount (SCR)
Works Up to 150,000 Above 150,000 to 750,000 Above 750,000
Goods & Services Up to 100,000 Above 100,000 to R500.000 Above 500,000
Consultanties Up to 50,000 Above 50,000 to R150,000 Above R150,000

 

Even though a bid is the lowest at bid opening,  if it is not responsive enough to become the best evaluated bid,   it cannot be considered for the award of the contract.

A substantially responsive bid shall be one that conforms to all the instructions, requirements, terms and conditions of the bidding documents, without material deviation, reservation or omission.

Report on tenders for which approval of contract awards have been given by either the National Tender Board or the Procurement Committees are published in the “NATION” (the national newspaper) on a monthly or bi-monthly basis; it will also be available on the National Tender Board website  for public information.

The Board, which was established under the Public Procurement Act 2008, has three main functions  -

  • to set up a strict regulatory mechanism to ensure fairness and equal opportunity for all in the administration of tendering procedures
  • to receive and publicly open bids’;  and
  • to review the recommendations of a Bid Evaluation Committee for tenders which fall within the Board’s threshold and decide on the contract award.

 The Board has significant independence in its decision-making capacity because it is considered an autonomous body and, therefore, cannot be influenced when approving contract awards. Contract awards will be approved once all the appropriate procurement process requirements have been met.

The Procurement Oversight Unit, which is responsible to  the Minister of Finance, serves as a procurement policy making and monitoring body, but shall not in any way b e involved in conduction procurement proceedings or decide on contract awards.

Its role is to -

  • formulate procurement policy
  • monitor procurement methods and procedures
  • issue policy directives and circulars to the Procuring Entities
  • issue standard forms of contract
  • issue standard bidding documents
  • ensure compliance with the Act
  • prepare and conduct training programs for stakeholders
  • advise the Minister on Delegation of financial authority with regards to approval of contract. formulate procurement policy
  • be the “Keeper” of the Code of Conduct of Public Officers, Bidders and Suppliers, through the entirety of the Procurement and Call for Tender processes.

If a bidder who is not satisfied with the decision on a tender made by any approvals’ authority, may challenge the procurement proceedings, by writing to the head of the respective organisation within ten (10) working days from the date he was informed of or became aware of the decision.

More Information

If the bidder is still not satisfied with the decision of that organisation, he may lodge his complaint with the Review Panel at the following address:

Chairman,
Procurement Review Panel,
c/o Mr Mike Laval (Secretary RP)
P.O. Box  313, Victoria, Mahé”.