Session “International standards for tender submission” Bid opening and bid evaluation Ľubica Páleníková EBRD-Consultant, WOLF THEISS Kiev, 1-2 March 2012.

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

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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

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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

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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

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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)

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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)

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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

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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)

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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

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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.

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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

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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

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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

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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

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Contact

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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