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.

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.

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.