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Session “International standards for tender submission”
Bid openingand
bid evaluation
Ľubica PáleníkováEBRD-Consultant, WOLF THEISS
Kiev, 1-2 March 2012
12/3/2012
Agenda
1. Bid OPENING
2. Bid READING
3. Bid opening PROTOCOL
4. Bid EVALUATION
5. Bid DEFECTS
22/3/2012
BID OPENING (1)
Where? venue stated in the tender documents (usually the seat of
the contracting authority) precise information (incl. address, floor, room number)
When? after the deadline for the bid submission (as soon as
possible) date and time stated in the tender documents
2/3/2012 3
BID OPENING (2)
Who?Public bid opening = bidders / their representatives
number of persons per bidder often reduced due to the room capacity
verification of the powers of attorneyContracting authority
bid opening commission consisting of specialised experts
Exclusion of the bidders from the bid opening as an exception
2/3/2012 4
BID OPENING (3)
How? transparent = bid opening protocol
Contracting authority shall verify before bid opening closed and undamaged bids timely bids (i.e. before the deadline for the bid submission)
↔ rejection of late bids return to the bidder unopen
2/3/2012 5
BID OPENING (4)
How? transparent = bid opening protocol
Contracting authority shall verify after bid opening numbering of the bids (according to the time of the receipt
by the contracting authority) duly signed bids (verification in the commercial register
extract / power of attorney) complete bids (incl. all attachments / bid bond)
2/3/2012 6
Bid READING
What? name and seat of the bidder
total bid price (incl. discounts / additional charges)↔ not the individual unit prices
relevant affidavits of the bidder
award criteria other than price (if stated in numbers and announced in the tender documents)
2/3/2012 7
Bid opening PROTOCOL (1)
Principle of transparencyProtocol
unopen, undamaged bids timely duly signed complete bid reading evident bid defects
Attendance list names of the bidders / representatives
2/3/2012 8
Bid opening PROTOCOL (2)
Protocol signed by all members of the bid opening commission
sending to the bidders by request (all bidders eligible to attend the bid opening)
2/3/2012 9
Bid EVALUATION
Contracting authority shall review the conformity of the bid with thetender documents and with the law.
Bid evaluation commission composed of specialised experts internal (contracting authority) external (e.g. IT-sector, medicine, geology)
Bid evaluation reports each member of the commission individually = justification of the award decision
2/3/2012 10
Bid DEFECTS (1)
Bid defects repairable irreparable
Ratio no rejection of the bid due to mere formal defects
The bidder must not gain an unfair competitive advantage whenrepairing the bid defect.
2/3/2012 11
Bid DEFECTS (2)
Repairable bid defects
Contracting authority is obliged to request clarification from thebidder.
Rejection of the bid only if bidder does not provide the necessary clarification (on
time) clarification is not conform with the tender documents / law
2/3/2012 12
Bid DEFECTS (3)
Repairable bid defects
! Case-law Austria missing evidence regarding the participation criteria (e.g.
existent certificates) copy of the bid bond missing power of attorney, but duly signed missing firm´s binding signature, but duly signed missing notification about the forming of a consortium in a
2-stage tender procedure
2/3/2012 13
Bid DEFECTS (4)
Irreparable bid defects
! Case-law Austria late bid not duly signed missing bid bond terms and conditions of the bidder (attached to the bid) with reservation regarding consultations with the
contracting authority
2/3/2012 14
Bid DEFECTS (5)
Examination of the bid priceRejection of the bid due to a speculative price
Can the bid price be justified economically?! Case-law AustriaPlausible justifications
synergies extraordinary advantageous conditions discounts due to the market introduction not mere comparison with the bid price of other bidders
2/3/2012 15
Contact
2/3/2012 16
Ľubica Páleníková, Dr. iur.Tel: + 43 / 1 / 51510 – 2350
Fax: +43 / 1 / 51510 – 665355
E-Mail: [email protected]
WOLF THEISS Attorneys-at-LawSchubertring 61010 ViennaAustria