Section 25: Evaluation of Bids

1) All submitted bids other than those separated for non-procession pursuant to Section 24 shall be included for evaluation.

2) Where a bid is found containing minor deviations in matters such as the technical specifications, descriptions and characteristics, etc., so as not to reject the bid, the value of such deviations shall be quantified, to the extent possible, and included in the evaluation of bids pursuant to sub-section (1).

3) Where the value of minor deviations under sub-section (2) exceeds fifteen percent of the bid price of the bidder, such a bid shall be deemed to be substantially non-responsive and shall be excluded from evaluation.

Explanation: For the purposes of this Section, the words “minor deviations” mean such deviations that do not materially depart from the matters, such as the technical specifications and descriptions, as set forth in the bidding documents.

4) Where an invitation to bid has been made after determination of prequalification, the bids submitted by bidders other than the pre-qualified bidders shall be excluded from evaluation under sub-section (1).

5) Bid shall be evaluated in accordance with the criteria and methodology set forth in the bidding documents; and in carrying out such evaluation, the bid with the lowest bid price shall be determined by making a comparison of the evaluated price of every bid with the evaluated price of the other bids.

6) The qualifications of the bidder of the bid having the lowest bid price under sub-section (4) shall be verified in order to ascertain whether it conforms to the qualification criteria set forth in the bidding documents or not.

7) Where, on examination, the qualification of the bidder of the bid having the lowest bid price pursuant to sub-section (4) is in conformity with the qualification evaluation criteria set forth in the bidding documents under sub-section (5), such bid shall be the lowest evaluated substantively responsive bid. Where, on examination, the qualification of such bidder is found not to be in conformity with the qualification as evaluation criteria set forth in the bidding documents, such bid shall be excluded from evaluation; and the qualification of the next bidder having the next lowest bid price shall be examined on the same grounds respectively.

8) The evaluation committee shall prepare an evaluation report stating, inter alia, the criteria and methodology of evaluation of the lowest evaluated substantially responsive bid pursuant to sub-section (6) and submit the report to the Public Entity.