PWD Vol-2, Chapter-9, Step 4, sub-step 4.5

Step 4.5 Submission and Receipt of Bids
Bidders should submit their bids as instructed in the bidding document to the designated person of the project by the due submission date and time, properly signed by the authorised person. The Employer should mark all tenders with time and date of receipt, and keep them unopened in a secured place until the official opening. Bids received after the appointed time shall be immediately returned unopened to bidders.

PPA 2007, Chapter 3, Section 17, 18,and 18

17. Deadline for Submission of Bids or Prequalification Proposals:

The Public Entity shall have to so set the deadline for the submission of bids or prequalification proposals as not to be less than the period set forth in Subsection (4) of Section 14 and as to allow sufficient time for bidders to prepare or submit such bids or proposals.

18. Method of Submission of Bids:

(1) A bid shall have to be submitted in the specified form, duly signed by the bidder himself /herself or his /her authorized agent, in a sealed envelope by the bidder himself /herself or through his or her authorized agent or by post or courier at such place and within the last date and time as specified for the submission of bids.

(2) Bids received after the deadline under Sub-section (1) shall not be processed and such bid shall be returned unopened to the concerned bidder. 19. Withdrawal and Modification of Bid: (1) A bidder may, prior to expiry of the deadline for the submission of bids, make a sealed application for modification to or withdrawal of bid that a bidder has once submitted. (2) Other provisions relating to the withdrawal or modification of bid shall be as prescribed.

PPR-2007, Chapter 5, Rule 55, 56, 57 and 58

55. Necessary Copies of bid to be submitted:

While submitting pre-qualification proposal, bid or the proposal for consultancy services, a bidder or proponent shall have to submit in the number of copies as specified in the pre-qualification document, bidding documents or documents relating to request for proposal.

56. Registration Book to be Maintained and Receipt to be Provided:

(1) A Public Entity shall have to maintain separate records of sale and registration of pre-qualification document, bidding documents or the proposal for consultancy services.

(2) If a bidder or proponent, personally or through his/her agent, submits a pre-qualification proposal, bidding documents or proposal for consultancy services, the Public Entity shall receive it and give him/her a receipt having date and time.

(3) The Public Entity shall mention the registration number registered in the registration book pursuant to Sub-rule (1) on the outer side of the envelop of the bid received pursuant to Sub-rule (2).

(4) After expiry of the time for sale and registration of bids, the chief of the concerned Public Entity or an employee designated by him/her shall sign the book under Sub-rule (1) and close such book.

57. Safety of Bids:

(1) A Public Entity shall have to keep the bids or the proposals for consultancy services received as per these Regulations in such a secured manner as not to be opened by any one prior to the time for opening such bid.

(2) The Public Entity shall keep confidently the characteristics of the sample submitted along with a bid in such a manner as not be made public prior to opening the bids.

58. Withdrawal or Amendment of Bid:

(1) If a bidder or proponent wishes to withdraw or amend the bid or the proposal for consultancy services submitted by him/her, s/he shall have to submit an application to the concerned Public Entity within the deadline for submission of bid in a sealed envelop by mentioning the following matters in the outer part of such envelop:-

• Subject of the bid or the proposal for consultancy service,
• Name and address of the Public Entity or authority inviting bid or proposal for the consultancy service,
• The matter that the bid or proposal for consultancy service is amended or a request is made for withdrawal, and
• Statement that it (envelop) shall be opened only on the date and time of opening bid or proposal for consultancy service.

(2) If a sealed envelop under Sub-rule (1) is received, the concerned Public Entity shall keep such envelop secured pursuant to Rule 57.

E - Bidding User's Manual, Bidder's User Guide, Version 1.0

 

SBD (for medium contract for construction of bridge) Section III Heading D Submission of Bids clause 19 to 22

D. Submission of Bids

19. Submission, Sealing and Marking of Bids

19.1 The Bidder shall seal the original and a copy of the bid in two inner envelopes and one outer envelope, duly marking the inner envelopes as “ORIGINAL” and “COPY”.

19.2 The inner and outer envelopes shall:
a. be addressed to the Employer at the address¹³ provided in the Bidding Data;
b. bear the name and identification number of the Contract as defined in the Bidding Data and SCC; and
c. provide a warning not to open before the specified time and date for bid opening as defined in the Bidding Data..

19.3 In addition to the identification required in Sub-Clause 19.2, the outer envelopes shall indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared late, pursuant to Clause 21.

19.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid.

20. Deadline for Submission of Bids

20.1 Bids shall be delivered to the Employer at the address specified in the Bidding Data no later than the time and date specified in the Bidding Data.

20.2 The Employer may extend the deadline for submission of Bids by issuing an amendment in accordance with Clause 10, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline will then be subject to the new deadline.

21. Late Bids

21.1 Any bid received by the Employer after the deadline prescribed in Clause 20 will be returned unopened to the Bidder.

22. Withdrawal, and Modification of Bids

22.1 Bidders may withdraw or modify their Bids after it has been submitted by giving a written notice, duly signed by an authorized representative and shall include a copy of the authorization in accordance with Clause 18.2 before the deadline prescribed in Clause 20.The corresponding modification of the bid must accompany the respective written notice.

22.2 Each Bidder’s withdrawal or modification notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 18 and 19, with the outer and inner envelopes additionally marked “WTHDRAWAL” or “MODIFICATION” as appropriate.

22.3 No bid may be modified after the deadline for submission of Bids.

22.4 Withdrawal of a bid between the deadline for submission of Bids and the expiration of the period of bid validity specified in the Bidding Data or as extended pursuant to Sub-Clause 15.2 may result in the forfeiture of the Bid Security pursuant to Clause 16.

22.5 Bidders may only offer discounts to, or otherwise modify the prices of their Bids by submitting bid modifications in accordance with this clause, or included in the original bid submission. Intended discount offer should always be expressed in percentage to be applied to each unit rate.

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¹³The receiving address should be an office that is staffed during normal working hours by personnel authorized to certify time and date of receipt and assure safe-keeping until bid opening. A post office address is not satisfactory. The address must be the same as the receiving address described in the Invitation for Bids.

 

PWD Vol-2, Chapter-9, Step 5 Page 9-14

Step 5. Opening of Bids
The opening of bids may be “public”, or “restricted” to the bidders or their representatives, Employer’s representatives and donor’s representatives as stated in the notice of invitation to bid. The time and place for the bid opening shall be the same as stated in the notice of invitation. Unless special conditions prevail, bid openings shall normally be “restricted” and held on the same day as the bids have to be submitted. The list of attendees shall be recorded.

The bid opening procedure shall depend on the type of SBD, namely if a single-envelope or two-envelope system is used.

Step 5.1 Single-Envelope System
The same procedure applies whether bidders have pre-qualified or are submitting their qualifications under the single-envelope system. Bids shall be opened and the name of the bidder and bid price of each bid, and of any alternative bids if they have been requested and permitted, shall be read aloud and recorded. The Guide for Bid Evaluation in Part III provides a checklist of items to read aloud and recorded. The record or the minutes shall be signed by all those present in the opening following FAR Rule 71(1). FAR Rule 72(1) states that a bid to which any of the following conditions apply be not be entertained:

• Form of Bid is not duly filled in and properly signed by an authorised person.
• Bid is submitted by other than the purchasing firm.
• Bid is not sealed.
• Bid is submitted after the deadline of bid submission.
• Bid security is not furnished with the bid.
• Required information about an agent is not furnished with the bid by an international bidder.
• Bidder working in joint venture has not submitted a certified copy of the JV agreement.
• Bidder has not fulfilled other important conditions as prescribed in the bidding documents.
• Bidder has not quoted a rate for each item in the BOQ.

In practice, only bids which are submitted after the deadline are rejected at the bid opening and returned unopened to the bidder. Bids to which the above conditions apply shall be evaluated nonetheless, and will likely be rejected during the preliminary examination. At completion of the opening, bids shall immediately be handed over to the Bid Evaluation Committee and held in safe custody.

Step 5.2 Two-Envelope System
Bidders shall submit two separate sealed envelopes:

(1) technical proposal containing the completed qualification forms and

(2) financial proposal containing the bids and supporting bid documents. The technical proposals only shall be opened and the name of the bidder shall be read aloud and recorded. The record or the minutes shall be signed by all those present in the opening following FAR Rule 71(1).

The financial proposals shall not be opened. The technical proposals shall be evaluated and all bidders which qualify by satisfying the technical criteria shall be invited (in writing and by notice) to a second bid opening where their financial proposals shall be opened following the same procedure as in Step 5.1. The financial proposals of bidders who failed to qualify shall be returned unopened.

PPA 2007, Chapter 3, Section 22

22. Opening of Bids:

The Public Entity shall have to open bids as prescribed at the time and place specified in the bidding documents on the same day immediately after expiry of the deadline for the submission of bids.

PPR -2007, Chapter 5,Rule 59

59. Opening of Bid:

(1) A Public Entity shall have to open a bid in the presence of the bidder or his/her representative.
Provided that there shall be no constraint for opening bid only for the reason of absence of bidder or his/her representative.

(2) Before opening a bids pursuant to Sub-rule (1), the Public Entity shall separate the envelops of the bids received after the deadline of bid submission, the envelops containing an application given for amendment or withdrawal of bids and the envelops of the bid duly registered; and return unopened the bids received after the deadline of bid submission to the concerned bidders. In so returning, a report on procurement proceedings, having content thereof, the date and time, shall be prepared.

(3) After returning bids pursuant to Sub-rule (2), the Public Entity shall open the envelop of the bid requested by the bidder for withdrawal and read out the name of such bidder and then open all envelops submitted for amendments of bid and read out the content inside such envelops.

(4) After reading out the contents under Sub-rule (3), the Public Entity shall open respectively, the bids submitted and read out the following contents of such bids, then prepare a Muchulka (minute) thereof and have such Muchulka (minute) signed by the concerned bidder or his/her agent who are present:-

• Name and address of the bidder,
• Quoted price of bid and each unit rate,
• Particulars of any discount offered in the bid, if any
• Alternative to technical specifications, if offered, quoted price thereof,
• Whether bid security is accompanied or not,
• If there is discrepancy between figure and words, description of such discrepancy,
• Whether the bid form is signed by the bidder or his/her agent or not,
• Where the bidding documents is corrected or effaced, the amount and statement written after such efface,
• Whether the bidder or his/her representative has signed or not,
• If the bidder has stated any remarks on the bid form, content thereof and details of the rates if were asked for
• Other necessary matters considered appropriate by the Public Entity.

(5) At the time of opening bids pursuant to this Rule, no decision can be made of accepting or rejecting a bid.

SBD (For medium contract for construction of bridge) Section III Heading E clause 23 Bids Opening and Evaluation

23. Bid Opening

23.1 The Employer will open the Bids, including modifications made pursuant to Clause 22, in the presence of the Bidders’ representatives who choose to attend at the time and in the place specified in the Bidding Data.

23.2 First envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid shall not be opened. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Next envelopes marked “Modification” shall be opened and read out with the corresponding bid. No bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at bid opening. Only envelopes that are opened and read out at the bid opening shall be considered further.

23.3 The Bidders’ names, the Bid Prices, the total amount of each bid and of any alternative bid (if alternatives have been requested or permitted), any discounts, bid withdrawal and modification, the presence or absence of Bid Security, difference of rate in words and figures, quoted price for alternate technical specification if proposed, weather the Bid Form has signature of the bidder or authorized representative, corrections/effacement or obliteration in bidding document, any remarks made by the bidder in the Bid Form, details of rates if requested and such other details as the Employer may consider appropriate will be announced by the Employer at the bid opening.

23.4 The Employer will prepare minutes of the bid opening, including the information disclosed to those present in accordance with Sub-Clause 23.3.¹⁴

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¹⁴ A copy of the minutes should be sent by the Employer to the Donor together with the bid evaluation report in case of a Donor-assisted project.