The Public Procurement Rules 2008 - LGED

(h)
Proposed Contract price.
(4) A PEC shall neither seek nor permit changes in the rates quoted for staff
remuneration proposed by an Applicant in selection methods where the Applicant’s price is used
as a factor in the evaluation.
(5) The PEC may require the consultant to substitute a key staff, if it was found during
Evaluation that he is not fit enough for the proposed assignment.
(6) If an extension of validity of proposals was the reason that key staff were not
available for a Firm, a change of key staff with equivalent or better qualification may be permitted.
(7) During negotiations special attention shall be paid to defining clearly the inputs and
facilities offered by the Procuring Entity.
(8) Negotiations shall include discussions about the TOR but shall not significantly alter
the original TOR so that the integrity of the negotiations and the content and findings of the
technical Evaluation Report cannot be called into question.
(9) Major reductions in work inputs shall not be made solely to meet the budget.
123. Failure of Negotiations and Rejection of All Proposals. |— (1) If negotiations fail
and all Proposals are found to be non-responsive and unsuitable, the Procuring Entity may, with
the approval of the Head of the Procuring Entity, reject them under the following grounds -
(a) The Proposals present major deficiencies in responding to the RFP.
(b) The Cost Proposals are substantially higher than the estimated budget and
could not be bridged during negotiations.
Example 1
The Procuring Entity and Consultants disagree on which contractual party
should be responsible for executing specific assignment activities, or on the
exact content of the assignment or feasibility of specific deadlines affecting the
implementation schedule of the project.
Example 2
Consultants may find the estimated man-months and the distribution of risks
unacceptable. The Consultants may then present cost Proposals that are
substantially higher than the available budget. The Procuring Entity may be
unaware of the actual remuneration levels of the Consultants for the type of
(2) Before rejecting all Proposals, the Head of the Procuring Entity should investigate the
Services being considered, the Consultants may misinterpret the TOR, or the
feasibility of increasing the budget or scaling down the scope of Services to meet the original
Procuring Entity’s plans may be too ambitious for the available budget.
budget.
(3) If the Head of the Procuring Entity decides finally to reject all Proposals, the
Procuring Entity shall reassess the proposed TOR and budget and undertake an accurate review
of the RFP (including the short-list) to reduce the risks of non-responsive Proposals.
124. Approval Process. |— (1) The Evaluation Report along with its recommendations
and minutes of the completed negotiations shall be submitted to the Approving Authority in the
manner as prescribed under Rule 36.
(2) The Approving Authority, as described in the Delegation of Financial Powers issued
by the Government from time to time, shall consider the Evaluation Report and the
recommendations as submitted by the PEC and take a decision in accordance with Rule 11.
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