Section 37: Examination and evaluation of bids

37. Examination and evaluation of bids (1) The Board, in the case of a major contract, or a public body may seek clarification during the examination of bids from any bidder to facilitate evaluation, but it shall neither ask nor permit any bidder to change the price or substance of his bid. (2) The Board, in the case of a major contract, or a public body shall, in order to evaluate bids, set up a bid evaluation committee, selected from a list of qualified evaluators maintained by it. (3) Following the opening of bids, the Board, in the case of a major contract, or a public body shall— (a) examine the bids in order to determine whether they are complete and in accordance with the bidding documents; and (b) ascertain whether— (i) they are properly signed; and (ii) the documents required to establish their legal validity and the required security have been furnished. (4) Where a pre-qualification procedure is applicable, a bid received from an entity other than a pre-qualified bidder shall be rejected. (5) Where a bid discloses an arithmetical error, the error shall be corrected and the bidder notified. (6) Where there is a discrepancy between figures and words, the amount in words shall prevail, and the mistake shall be corrected and the bidder notified. (7) Where a bidder refuses to accept a correction made pursuant to subsection (5) or (6), his bid shall be rejected and the bid security forfeited in accordance with section 30 (2) (b). P56 – 19 [Issue 6] Public Procurement Act (8) Where there is a minor deviation in any bid that did not warrant rejection of the bid at an earlier stage, such minor variation shall be quantified in monetary terms, as far as possible. (9) Every bid shall be evaluated according to the criteria and methodology set out in the bidding documents and the evaluated cost of each bid shall be compared with the evaluated cost of other bids to determine the lowest evaluated bid. (9A) Where the bidding documents provide for a margin of preference to domestic suppliers or to domestic small and medium enterprises, the applicable margin of preference shall be at the rate determined by the Policy Office. (10) Where a pre-qualification procedure is applicable, the qualifications of the lowest evaluated bidder shall be verified anew to take account of any change since the original pre-qualification. (10A) (a) Where a public body or the Board— (i) is of the view that the price, in combination with other constituent elements of the bid, is abnormally low in relation to the subject matter of the procurement; and (ii) has concerns as to the ability of the supplier to perform the procurement contract, it may request in writing from the supplier such information as it considers necessary. (b) Where, after having taken into account any information furnished by the supplier under paragraph (a) and the information included in the bid, the public body or the Board still has concerns as to the ability of the supplier to perform the procurement contract, it may reject the bid. (11) The bid evaluation committee shall prepare an evaluation report detailing the examination and evaluation of bids and identifying the lowest evaluated bid that meets the qualification criteria. (12) In the exercise of its function, the bid evaluation committee shall act without fear or favour and shall not be subject to the direction or control of any other person or authority. [S. 37 amended by s. 29 (c) of Act 18 of 2008 w.e.f. 19 July 2008; s. 18 (g) of Act ntract, it may reject the bid. (11) The bid evaluation committee shall prepare an evaluation report detailing the examination and evaluation of bids and identifying the lowest evaluated bid that meets the qualification criteria. (12) In the exercise of its function, the bid evaluation committee shall act without fear or favour and shall not be subject to the direction or control of any other person or authority. [S. 37 amended by s. 29 (c) of Act 18 of 2008 w.e.f. 19 July 2008; s. 18 (g) of Act 1 of 2009 w.e.f. 16 April 2009; s. 39 (k) of Act 27 of 2013 w.e.f. 21 December 2013.]