Question Tag: Procurement Procedure

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Competitive tendering is a method of public procurement that seeks tenders from all potential suppliers or contractors to achieve value for money in public procurement. Competitive tendering is carried out in accordance with the competitive tendering procedures under the public procurement law.

Required: Explain FOUR procedures involved in carrying out national competitive tendering for the procurement of goods, services, and works. (6 marks)

Stages of national competitive tendering procedure are:

i) Invitation of tenders and prequalification
Preparation of standard tender document in accordance with PPA requirements.
Preparation of invitation document containing all relevant information required by the Public Procurement Law.
Advertisement in national newspapers or other approved media for the supply of goods, services, or works (GSWs). Tenderers should be given at least two weeks to prepare and submit their tenders.

ii) Submission of tenders
All tenders shall be deposited in the designated locked tender box until the tender opening.
The Tender Document will provide clear instructions on the marking, sealing, and submission of tenders.
The closing date and time for submission of tenders must be determined in advance and stated in the Tender Document.
The tenderer submitting a tender should receive a receipt showing the date and time of delivery.
A tender submitted after the deadline should be returned to the tenderer unopened.
The tenderer may submit a tender security together with the tender document when required by the entity.

iii) Evaluation and Comparison
Opening of tenders: Tender opening shall commence immediately after the close of tenders.
A Tender Opening Panel shall consist of at least 3 persons, including a member of the Entity Tender Committee.
Minutes of the tender opening proceedings should be duly written.
Examination of tenders: Tenders should be examined to ensure they meet the requirements of the tender document.
A tender is responsive if it conforms to the requirements of the tender invitation documents.
A tender should not be accepted if:
The supplier is not qualified to tender.
The tender is not responsive.
The supplier refuses to correct minor indicated errors.
There is evidence of inducement from the supplier.
Evaluation of tenders:
The head of the Procurement Entity shall constitute an Evaluation Panel consisting of at least three persons with the required expertise to conduct the evaluation.
Procurement Entities must evaluate tenders solely on the basis of the information provided in the tenders.
Responsive tenders should be evaluated based on criteria set in the tender invitation document.
The Tender Evaluation Panel will prepare an evaluation report for submission to the Tender Committee.
The evaluation report should be prepared using the standard format for the evaluation of goods.
The appropriate review authority will review the evaluation report and recommendations.
The approval process should be a ‘One stop’ only, i.e., concurrent approvals must be obtained.

iv) Contract Offer
Following approval from the relevant review body, the contract will be awarded to the tenderer who submitted the lowest evaluated tender.
Before contacting the tenderer, a formal commitment of the required funds against the budget of the Procurement Entity must be approved.
Notice of the tender award shall be promptly issued to the successful tenderer. The successful tenderer shall confirm in writing the acceptance of the tender award and submit the appropriate Performance Security (if required).
The tenderer shall be invited to sign the contract. If impractical, the contract can be signed remotely, with signed copies returned to the Procurement Entity.
Failure to confirm acceptance, submit Performance Security, or sign the contract may annul the award, and the next lowest evaluated tenderer may be considered.