The Public Procurement Rules 2008 - LGED

(9) Requests for clarification shall be in writing and shall be signed by the Chairperson of
the TEC.
(10) All clarification requests shall remind Tenderers of the need for confidentiality and
that any breach of confidentiality on the part of the Tenderer may result in their Tender being
disqualified.
(11) A TEC shall correct any arithmetic errors that are discovered during the examination
of Tenders, and shall promptly notify the concerned Tenderer(s) of any such correction(s).
(12) The item quantified in the BOQ for which no rates or prices have been quoted shall
be deemed covered by the amounts of other rates and prices in the Contract and it shall not be a
reason to change the Tender price.
(13) If the TEC determines that the Tender pricing is not balanced, the TEC shall require
the Tenderer to submit a detailed price breakdown, and in the case of front loading of the unit
rates the TEC may recommend to increase performance security.
(14) There shall be no requirement for a minimum number of responsive Tenders i.e. an
evaluation shall proceed and an award shall be made even if only a single Tender is received and
found responsive, provided the Tender has been widely advertised as per requirement of Rule 90,
the Tender price is reasonable compared with the market price or is within the official estimate,
and the Tender meets the technical specifications and commercial terms and conditions set-out in
the Tender Document.
(15) A TEC shall not continue to evaluate a Tender when:
(a) the Tenderer has failed to demonstrate its qualifications as required under Rule
49;
(b) the Tenderer does not accept a correction of an arithmetical error made in
accordance with Sub-Rule (11); or
(c) the Tender is not responsive, i.e. the requirements of the qualifications,
technical specifications or financial and commercial terms and conditions set-out
in the Tender Document.
(16) There shall be no consideration during the Tender evaluation of any information
contained in a Tender submission that was not requested in the Tender Document.
(17) For calculating the lowest evaluated price, the TEC shall -
(a) consider all evaluation criteria mentioned in the Tender Document;
(b) ensure that the Tender prices are inclusive of applicable taxes, customs duties
and VAT for national Procurement of Goods, related Services, Works and
Physical Services;
(c) exclude applicable customs duties, taxes and VAT and include inland
transportation costs in the case of CIF Tenders for imported Goods under
international Procurement and exclude only VAT for Goods manufactured
locally;
(d) include applicable customs duties, taxes and VAT for Works Tenders under
international Procurement; and
(e) quantify in monetary terms minor deviations from the evaluation criteria other
than the price following the provisions set in the ITT.
(18) If any Tenderer offered only eighty percent (80%) of the items of a lot, for Tenders
invited on lot-by-lot basis for Goods Procurement, the TEC shall determine the lot price by adding
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