Evaluation of Tenders 33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the criteria and methodologies, the Procuring Entity shall determine the Lowest Evaluated Tender. This is the Tender of the Tenderer that meets the qualification criteria and whose Tender has been determined to be:
a) substantially responsive to the tender documents; and
b) the lowest evaluated price.
33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and the Tender Price as quoted in accordance with ITT 14. To evaluate a Tender, the Procuring Entity shall consider the following:
a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4;
b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in accordance with ITT 31;
c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT 29.3; and
d) any additional evaluation factors specified in the TDS and Section III, Evaluation and Qualification Criteria.
33.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be considered in Tender evaluation.
33.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to tender for one or more lots (contracts). Each lot or contract will be evaluated in accordance with ITT 33.
THE BIDDING 6.1 Each new bid shall not be less than the immediately preceding bid.
6.2 All increments in the bids shall be not less than the incremental amount as fixed by the Auctioneer at the Auction Sale.
6.3 The Auctioneer shall have the right to refuse any bid.
6.4 A bid once made shall not be withdrawn.
6.5 If any dispute should arise as to any bidding, the Property shall at the option of the Auctioneer be put up again for sale at the last undisputed bidding price and the Auctioneer shall at the Auction Sale decide on the dispute and such decision by Auctioneer shall be final.
6.6 Subject to the Reserve Price, the highest bidder for the Property at the Auction Sale shall be declared by the Auctioneer to be the purchaser (`the Purchaser’).
6.7 Each bid will be called for 3 times, “First Calling, “Second Calling”, “Final Call”. Bidders may submit their bid at any of these stages of biddings.
6.8 When the system display “No more bids”, no further bids will be accepted by the Auctioneer, whether on-site or through the Auctioneer’s website.
6.9 The bidder with the highest bid shall be declared as successful bidder upon the fall of hammer. No bid shall be less than the previous bid and each bid shall be increased by a minimum amount to be determined by the Auctioneer at the time the Property is put up for sale and no bidding shall be withdrawn or retracted. Should there be any withdrawal or retraction from the registered bidder(s) or the highest bidder before or after the fall of the hammer, the bidding deposit (“Bidding Deposit”) shall be forfeited to the Assignee/Bank and the Property shall be at the option of the Auctioneer be put up for sale again or the Auctioneer may decide to adjourn the auction sale to another date. For online bidders please refer to the Terms & Conditions on xxx.xxxxxxxxxxxxxxxx.xxx for the manner of payment of the same.
EVALUATION AND COMPARISON OF BIDS 29.1 The Employer will evaluate and compare only the Bids determined to be substantially responsive in accordance with Clause 26.
29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid Price as follows:
(a) Making any correction for errors pursuant to Clause 27; or
(b) Making an appropriate adjustments for any other acceptable variations, deviations; and
(c) Making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub Clause 22.5.
29.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations, and alternative offers and other factors which are in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in Bid evaluation.
29.4 The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation.
29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, the Employer may require that the amount of the performance security set forth in Clause 34 be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract. 30. (Deleted)
For E-bidding The auctioneer and the Bank’s solicitor shall sign all 5 copies of contract first, right after the auction. The successful E-bidder must to come to the ESZAM AUCTIONEER SDN BHD main office in Seremban to sign the Contract of Sale within two (2) working days after the auction date.
Submission of Bids The Tender shall be submitted in two part: one comprising a Technical Tender and one containing the Commercial Tender. The Technical Tender shall contain all the required documents requested in the Tender Documents excluding any financial references. The Commercial Tender shall contain all financial documents and information. Bidders who fail to adhere to this requirement will result in the disqualification of their Tender. The Bid Form together with all information and documentation shall be completed and submitted by email only. The bidder must affix its initialed company stamp to every page of its original Tender submission which should include all parts of the Tender Documents. The original shall be clearly marked “ORIGINAL” Bidders not complying with the requirements of the Bid Form and the submission and delivery of the bids may be deemed non-responsive to the Invitation to Tender and their bids may be excluded from further consideration. The Bidders should submit the bids which should be signed by Authorized person of the company and company may verify if it is required from CEO or Owner of bidder or any other Agencies e.g. Chamber of Commerce. . No deletions or erasures may be made in the list of prices and the schedule of categories. Any correction in the prices etc. shall be re-written in numbers and words and signed by the authorized person. The bidder may not delete or modify any clauses or technical specifications irrespective of the nature of such modification. Any special conditions or modifications shall be sent in or attached with a separate letter kept in the tender envelope. A reference shall be made to this letter in the bid itself. No other alternative shall be acceptable. The price schedule shall specify whether the item is manufactured in the Sultanate of Oman or abroad. Inaccuracy of the information submitted, partly or fully, shall lead to the rejection of the item without prejudice to the Abraj Tender Committee’s right to deprive the bidder of the facility to deal with other tenders of the Company within a period specified by the relevant Abraj Tender Committee (ATC), depending on the situation of each case. The prices quoted by the bidder in the schedule of categories shall include and cover all the expenses and liabilities, irrespective of their nature, to be incurred or met in respect of each clause and shall also include those involved in the completion, delivery and maintenance if required, of all the works during the period of guarantee and maintenance. The final calculation shall be done on the basis of these prices irrespective of fluctuations in the market, the customs duty and other duties and taxes. The bidder shall, in case of the submission of one or more alternative offer, ensure that these offers are clear and detailed and referred to in the list of contents. If the bidder fails to specify the price of an item required to be supplied in the price list, this shall be considered as abstention from participation in the tender in respect of such item. The prices specified in words shall be accepted. As an exception, the relevant may accept the offer specified in numbers only in the Company’s interest. A bid based on a reduction in the lowest bid by a specified percentage shall also not be acceptable. To submit the Commercial bid, the following shall be taken into account:
a. If the goods are required to be delivered on board the ship, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation and loading in accordance with the FOB system.
b. If the goods are required to be delivered at the port of arrival, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation, loading and shipping in accordance with the C & F system.
c. If the goods are required to be delivered at the port of arrival, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation, loading, shipping, insurance and unloading in accordance with the CIF system.
d. If the goods are required to be delivered at the stores of the purchaser or the work sites, the price given in the bid shall include the price of the items, adding thereto the expenses for mobilization, transportation and loading, the shipment charges, the insurance cost and expenses on unloading, customs duties, internal transportation and other additional charges.
e. In all cases, the contractor shall bear all the expenses for getting the letter of credit from the Company pertaining to their banker while the Company shall bear the letter of credit opening charges pertaining to its banker in Oman.
f. The data or information for Commercial Bid submission will be as per attached Annexure-10. Bidders accept full responsibility for ensuring their bids are delivered or submitted to the correct email address by the specified deadline. Bids submitted to any other address or later than the deadline may not be considered. Bidders forwarding their bids by courier should advise by email to Xxxxxxxx@xxxxxxxxxxx.xxx , when the bid has been sent by courier, naming the courier and tracing number. Bids received after the final bid submission deadline will be returned unopened to the bidder. Company expressly reserves the right to extend the bid submission deadline. You have to forward your offer in soft copy addressed to the Senior Tender Committee to the mail ID: Xxxxxx.XXX@xxxxxxxxxxx.xxx on or before official Bid closing date.
Conclusion of the contract 1. An Agreement is deemed to be concluded with the Contractor only after the Principal accepts an offer by the Contractor without reservations or if the Principal receives a written order confirmation from the Contractor or if the Contractor commences the provision of the service. If the Contractor issues a written order confirmation, such order confirmation is decisive in terms of content and scope of the Agreement unless expressly negotiated otherwise.
2. Any and all arrangements between the Principal and Contractor regarding the performance of the Agreement are fully set forth in writing in this Agreement including these General Terms and Conditions. There are no verbal supplements.
PREPARATION OF BIDS 12 LANGUAGE OF BID
12.1 The bid prepared by the bidder and all correspondences and documents relating to the bid exchanged by the bidder and the Employer shall be written in the English Language. Supporting documents and printed literature furnished by the bidder may be in another language provided they are accompanied by an appropriate translation of pertinent passages in the above stated language. For the purpose of interpretation of the bid, the English language shall prevail.
Rejection of Bids 22.1. The ACCO may reject a Bid if:
22.1.1. The Bidder is determined to be not responsible pursuant to the PPB Rules; or if
22.1.2. The Bid is determined to be non-responsive pursuant to the PPB Rules; or if
22.1.3. Any of the Bid prices for lump sum or unit items are significantly unbalanced to the potential detriment of NYCDOT. An unbalanced Bid is considered to be a Bid containing lump sum or unit item prices which do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs and other indirect costs anticipated for the performance of the item in question.
22.2. The ACCO may reject all Bids and may elect to re-solicit by bid or by other method authorized by the PPB Rules.
BID EVALUATION The Commissioner reserves the right to accept or reject any and all Bids, or separable portions of Bids, and waive technicalities, irregularities, and omissions if the Commissioner determines the best interests of the State will be served. The Commissioner, in his/her sole discretion, may accept or reject illegible, incomplete or vague Bids and his/her decision shall be final. A conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may be made in compliance with the Bidder’s conditional or revocable terms in the Bid.
ELIGIBILITY OF E-BIDDERS 1.1. Parties who are interested to participate in public auction (“E-Bidders”) may do so by logging on to EHSAN AUCTIONEERS SDN. BHD. Website and register as a member.
1.2. E-bidders who register as a member to participate in the public auction via EHSAN AUCTIONEERS SDN. BHD. website shall: a. Be of 18 years and above, sound mind and not an undischarged bankrupt; b. For a company, be incorporated under the laws of Malaysia and must not be in liquidation; c. Be able to take, fulfil and perform all necessary actions, conditions and matters (including obtaining any necessary consents) in terms of law to enable E-bidders to participate in the public auction and complete the purchase in the event of successful bid.
1.3. E-bidders’ eligibility requirements are also subject to the existing Federal and State legal provisions. Non-Malaysian E-bidders or companies are also advised to take note of restrictions applicable on foreign purchase imposed by relevant authorities.
