The Public Procurement Rules 2008 - LGED

those of the Applicant.
(8) The TEC is permitted to seek clarifications on specific matters from Applicants in
order to facilitate the examination and evaluation of Applications.
(9) If the number of pre-qualified Applicants is below the minimum specified in
Schedule II, “conditional Pre-Qualification” may be permitted, which shall mean that an Applicant
who substantially meets the qualification criteria apart from some minor deficiencies may be
considered as “conditionally pre-qualified”,
provided that the “conditionally pre-qualified” Applicants must have rectified such minor
deficiencies identified by the TEC prior to submission of its Tender.
(10) In case of multiple contracts, the TEC shall pre-qualify each Applicant for the maximum
number of such types of contracts provided that the Applicant duly meets the requirements of
those such Contracts, as specified in the Pre-Qualification Document.
(11) If the minimum number of qualified Applicants is not available, the Procuring Entity
may, after a thorough review of the Pre-Qualification Document and introducing necessary
amendment, re-advertise as per Rule 90 with prior concurrence of the Head of the Procuring Entity.
(12) The TEC shall prepare an Evaluation Report and submit it directly to the Head of the
Procuring Entity, stating which Applicants have been found eligible for Pre-Qualification.
(13) The Head of the Procuring Entity shall consider the Evaluation Report and decide
whether to accept or reject it if any aspects do not comply with the Pre-Qualification Document, in
which case he or she may request a re-evaluation to be carried out by the TEC to correct any
deficiencies.
(14) The Procuring Entity shall, following the approval of the Evaluation Report, publish
the list of Pre-Qualified Applicants and promptly notify all Applicants whether or not they have
been pre-qualified.
(15) Only Applicants who have been pre-qualified are entitled to participate further in the
Procurement process.
(16) Any change in the structure or formation ,after being Pre-Qualified, of an Applicant
invited to tender shall not, without a written approval of the Head of Procuring Entity prior to the
deadline for submission of Tenders, be permitted to submit Tender.
(17) Such approval shall be denied if as a consequence of the change the Applicant no
longer substantially meets the qualification criteria set forth in the Pre-Qualification Document or if in
the opinion of the HOPE, a substantial reduction in competition may result.
(18) Changes under Sub-Rule (16) shall be submitted to the Procuring Entity within the
period specified in Schedule II.
(19) The Procuring Entity shall, upon receipt of a request from an unsuccessful Applicant,
notify that Applicant in writing of the grounds for its exclusion, but the Procuring Entity is not bound
to provide any further information or explanation of those grounds.
(20) A post-qualification of the successful Tenderer(s) will be done prior to contract award
even if Pre-Qualification has been carried out.
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