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The Public Procurement Rules 2008 - LGED

The Public Procurement Rules 2008 - LGED

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(a) in the case of invitations for Pre-Qualification -<br />

(i) Pre-Qualification Documents were not ready when the advertisement was<br />

published by the Procuring Entity or not available when requested by a<br />

potential Applicant;<br />

(ii) failure to respond promptly to a request for clarification from a potential<br />

Applicant;<br />

(iii) failure by the TEC to evaluate the qualifications in the light of criteria<br />

stated in the Pre-Qualification Document;<br />

(iv) perceived unfair denial of Pre-Qualification; or<br />

(b)<br />

(c)<br />

(v) apprehended possible corrupt or collusive practices.<br />

in the case of Open Tendering Method, Limited Tendering method, Two- Stage<br />

Tendering Method and Request for Quotations Method-<br />

(i) advertisement procedures not properly adhered to in accordance with Rule<br />

90, where applicable; or<br />

(ii) Tender Documents not ready when the advertisement was published by<br />

the Procuring Entity or not available when requested by a potential Person,<br />

where applicable;or<br />

(iii) failure to respond promptly to a request for clarification from a potential<br />

Tenderer; or<br />

(iv) framing technical specification that can be met by only one or a scanty<br />

number of manufacturers;<br />

(v) failure to hold a pre-Tender meeting as per condition of the published<br />

advertisement or to timely notify the potential Persons of a change in the<br />

pre-fixed date, location, and time , that resulted in some potential Persons’<br />

failure to attend the meeting,where applicable;<br />

(vi) failure to open the Tender as stated in the advertisement of Invitation for<br />

Tenders or improper conduct at the time of Tender opening, ;<br />

(vii) mishandling of Tenders received from Persons resulting in the opening of<br />

one or more Tenders before the specified time that causes either a loss<br />

of confidentiality of the Tender or an actual failure to open a Tender at a<br />

public opening;<br />

(viii) failure to open all Tenders which were received prior to the deadline for the<br />

submission of Tenders;<br />

(ix) failure by the TEC to evaluate the Tenders in compliance with the<br />

evaluation criteria stated in the Tender Documents;<br />

(x) any attempt by the Procuring Entity to ‘negotiate’ with the successful<br />

Tenderer;<br />

(xi) apprehended possible corrupt or collusive practices<br />

(xii) perceived unfair or erroneous award of Contract ; and<br />

(xiii) a breaking of the condition of confidentiality by the Procuring Entity at the<br />

time of clarifications with each Person in the case of evaluation of the<br />

first-stage Tender under the Two-stage Tendering Method.<br />

in the case of Requests for Proposals:<br />

(i) failure on the part of the Procuring Entity to maintain confidentiality<br />

following the opening of the envelopes containing the technical Proposals;<br />

(ii)<br />

opening of the financial Proposals at the same time as the opening of the<br />

technical Proposals;<br />

51

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