Section 28: Two-Stage Bidding

1) Two-stage bidding may be invited in the following conditions:

(a) When it is not feasible to define fully the technical aspects of the goods or construction works or services to be procured or the terms and conditions of the procurement contract at the time of the invitation to bid, or

(b) Because of the complex nature of the goods or construction works or services to be procured, if it is necessary for the Public Entity to discuss with the bidders about how to resolve the problems related to various technical aspects or the procurement contract and about such technical aspects and conditions of contract and benefits accruing there from.

2) While inviting the first stage bid pursuant to this Section, the bidding documents shall state the purpose of procurement, expected performance, broad specifications and other broad features and the qualification of bidders, and state that bidder shall not be required to quote the price in his/her bid and shall submit only technical proposal and comments on the terms and conditions of the proposed procurement contract.

3) The Public Entity may hold discussions with any or all bidders in relation to the bids submitted in response to the invitation to bid made pursuant to sub-section (2).

4) The Public Entity may, also taking into account the discussions held in pursuance of sub-section (3), do the following in relation to the bids submitted pursuant to sub-section (2):

(a) Cancelling a proposal relating to a bid that fails to meet the basic requirements required to be met in relation to procurement or fails to make minimum performance or fails to complete the work within the specified period or that cannot be modified to meet such requirements or to make such performance or to complete the work within the specified period or due to any other weakness,

(b) Modifying or improving the technical specifications, evaluation criteria and terms and conditions of the procurement contract in order to increase competition,

(c) Determining the evaluation system in order to determine the appropriateness of various options submitted by the bidders.

5) After the completion of the acts as referred to in sub-section (4), the Public Entity shall make an invitation to the second stage bid. In making such an invitation to bid, the bidders whose bids have not been cancelled pursuant to the said sub-section shall be invited to submit a bid along with the price in accordance with the revised bidding documents.

6) The second-stage bidding proceedings to be carried out pursuant to sub-section (5) shall be carried out pursuant to the provisions contained in this Chapter except for those provided for in this Section.