10.bid Invitation, Bid Submission, Bid Opening and Records

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B2 TRAINING ON

PROCUREMENT OF
WORKS AND
CONSULTANCY
SERVICES

IPFMRP – CDP Project


Day 4-
Session I:

BID
INVITATION/NOTICE,
PRE BID MEETING,BID
SUBMISSION AND
B2 TRAINING ON PROCUREMENT OF WORKS AND CONSULTANCY
RECEIVING, BID SERVICES

OPENING AND BID IPFMRP – CDP Project

OPENING RECORDS
Bid Notice (IFB): Invitation for Bids
Pre- bid meeting , Circulation of Pre-bid
meeting records
Presentation Bid submission and receiving
Bid submission Registration Book
Outlines Bid Withdrawal / Modification
Bid opening, checklist and minutes

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Bid Notice (IFB): Invitation to Bids (Sec 14)
National bidding / proposal for PQ shall have to be
published in a daily newspaper of national circulation and,
for International bid should also be published in
international communication media.
Case : How to ascertain national newspaper as some
newspaper publish in so called national newspaper but have
limited number publication thus restricting the circulation
and bidder capture the whole number of publication?
The notice shall be placed in the website of the concerned
entity or that of the PPMO of a central level PE, and for
district level / LGs level PE, the notice may be placed in the
website of that body or that of the PPMO
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Bid Notice (IFB): Invitation to Bids (Sec 14)
Bid Notice should contain the following matters :

a)The name and address of the PE inviting bid,


b)The nature of and time limit for procurement work and
the construction work to be performed,
c)If bid security is required, the amount and validity period
thereof,
d)The place, manner of obtaining the bidding documents
or PQ documents, and the fees charged therefore

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Bid Notice (IFB): Invitations to Bid
e) The place, manner, the deadline for the submission or
forwarding of the bidding documents or prequalification
documents,
f) The place, date and time for the opening of bids, and
matter that the bidders or their authorized agents shall
be invited to attend the opening of bid, and
g) Other matters as prescribed.

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Bid Notice (IFB): Invitations to Bid
Period of Notice: Invitation of national level bidding or
PQ proposals, a period of at least thirty days shall be given
and at least forty five days shall be given for international
level bidding or PQ proposals.
Document Obtaining place/s: In the notice need to
mention to obtain bidding documents or PQ documents
from two or more than two public entities.
Place of Submission: While stating the place for
submitting or forwarding the bidding documents orPQ
documents provision shall be made that such documents
shall be submitted or forwarded to only one Public Entity.
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Bid Notice (IFB): Invitations to Bid
Security for bidding purpose: In the request of PE, bidder or
proponent for security for submitting or forwarding the bid or
PQ proposal the concerned District Administration Office shall
mandatorily make security arrangements immediately.
Domestic Preference: In international level bidding, the PE
may give domestic preference to the Nepalese entrepreneurs
and business persons and where domestic preference is to be
so given, that matter shall be set forth in the notice on
invitation to bid and the bidding documents.

Provided that, in the case of procurement of construction


work, preference may be given as per Construction
Entrepreneur Act, 1958. 8
Bid Notice (IFB): Invitations to Bid
Agent Appointment: A foreign bidder, while submitting bid,
shall have to state whether any agent in the State of Nepal is
appointed or not. The details of agent name , address, and
commission amount should be mentioned in the bid
Joint Venture: If a foreign bidder enters into joint venture
with a domestic construction entrepreneur, in the case of
procurement of public construction work, preference may
be given to such a foreign bidder.

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Notice May be Given (Rule-50)

The concerned Public Entity shall have to provide a notice


of invitation to bid or pre-qualification proposal of
international level to all foreign embassies accredited in
Nepal

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BID INVITATION NOTICE IN SBD
Invitation for Bids
Government of Nepal (GoN)
[Name of Employer]
Invitation for Bids for the [Name of Contract]
Contract Identification No: __________________
Date of publication: __________________
Name of the Development Partner [if applicable]: ______________________
Loan/Credit/Grant No [if applicable]: ______________________
1. The Government of Nepal [GoN] has allocated funds or received a
loan/credit/grant from [GoN or Development Partner] towards the cost of [Name of Project]
and intends to apply part of the funds to cover eligible payments under the Contract for [Name
and identification number of Contract]. Bidding is open to all eligible as per Section V of bidding
document..
2. [Name of Employer] invites sealed bids or electronic bids from eligible bidders for
the construction of [Brief description of the Works] under National Competitive Bidding Single
Stage Two Envelope Bidding procedures.
Only eligible bidders with the following key qualifications should participate in this bidding:
Minimum Average Annual Construction Turnover of the best 3 years within the last 10 years:
[enter NRs….……………….]
Minimum Work experience of similar size and nature: [number of project 11 and value of each
project]
BID INVITATION NOTICE IN SBD
3. Under the Single Stage, Two Envelope Procedure, Bidders are required to submit
simultaneously two separate sealed envelopes, one containing (i) the Technical Bid
and the other (ii) the Price Bid, both in turn enclosed in one sealed envelope as
per the provision of ITB 21 of the Bidding Document.

4. Eligible Bidders may obtain further information and inspect the Bidding
Documents at the office of [Name, location, mailing address, telephone and
facsimile numbers and email address of the Employer]or may visit PPMO e-GP
system www.bolpatra.gov.np/egp.

5. A complete set of Bidding Documents may be purchased from the office [insert
name and address]and the office [insert name and address] by eligible Bidders on
the submission of a written application, along with the copy of company/firm
registration certificate, and upon payment of a non-refundable fee of [Insert
amount]till [Insert date]during office hours.
The time interval between last purchasing date and last submission
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date shall not
be more than one day.
BID INVITATION NOTICE IN SBD...
Or
Bidder who chooses to submit their bid electronically may purchase the hard copy of
the bidding documents as mentioned above or may download the bidding documents
for e-submission from PPMO’s e-GP system www.bolpatra.gov.np/egp. Bidders,
submitting their bid electronically, should deposit the cost of bidding document in
the Project’s Rajaswa (revenue) account as specified below .
Information to deposit the cost of bidding document in Bank:
Name of the Bank: ………………………… Name of Office : ………………
Office Code no. : …………………………Office Account no.: ……………
Rajaswa (revenue) Shirshak no. :………………………………….

6. Pre-bid meeting shall be held at [insert name and address] at [insert time and date].

7. Sealed or electronic bids must be submitted to the office [Name and


address] by hand/courier or through PPMO’s e-GP system www.bolpatra.gov.np/egpon
or before[Time]on [Date]. Bids received after this deadline will be rejected.
If pre-bid meeting shall not be held delete this para and renumber other paras.

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BID INVITATION NOTICE IN SBD
8. The bids will be opened in the presence of Bidders' representatives
who choose to attend at [Time and date] at the office of [Address of
office]. Bids must be valid for a period of [Insert number of days]after bid
opening and must be accompanied by a bid security or scanned copy of
the bid security in pdf format in case of e-bid,\amounting to a minimum
of [insert amount (2 to 3 % of estimated amount)], which shall be valid
for 30 days beyond the validity period of the bid (i.e. [Date])

9. If the last date of purchasing and /or submission falls on a government


holiday, then the next working day shall be considered as the last date. In
such case the validity period of the bid security shall remain the same as
specified for the original last date of bid submission.

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Deadline for Submission of Bids or
Prequalification Proposals (Sec. 17)
The Public Entity shall have to so set the deadline for
the submission of bids or prequalification proposals :

At least 30 days in National bidding


At least 45 days in International Bidding

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Cost Estimate to be Specified in a
Notice of Bidding (Rule-49)
Publication of Cost Estimate : The cost estimate of a
construction work of up to twenty million Rupees shall be
specified in the notice of invitation to bid.

Notice May be Given (Rule-50): The concerned Public


Entity shall have to provide a notice of invitation to bid or
pre-qualification proposal of international level to all
foreign embassies accredited in Nepal.

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Method of Submission of Bids (Sec. 18)
Signed and Sealed: A bid shall have to be submitted in the
specified form, duly signed by the bidder or authorized
agent, in a sealed envelope
Submission: Through bidder or authorized agent or by
post or courier at such place and within the last date and
time as specified for the submission of bids.
Bids received after the deadline shall not be processed
and such bid shall be returned unopened to the concerned
bidder.

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Sale of Bid Documents and Document fee
(Rule 48)
Charges for Bidding Documents (Rule 48)
Bidders interested to purchase bidding documents shall obtain the bidding
documents signed by the chief of the concerned Public Entity or an employee
designated by him/her and having seal of the office, from that entity or two or
more entities specified by it, upon payment of the following fee:
(a) For an amount above two million but not exceeding twenty million -
Three thousand Rupees
(b) For an amount above twenty million but not exceeding one hundred
million Rupees - Five thousand Rupees
(c) For an amount above one hundred million but not exceeding two
hundred fifty million Rupees - Ten thousand Rupees
(d) For any amount whatsoever above two hundred fifty million Rupees -
Twenty Thousand Rupees

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Registration Book to be Maintained
and Receipt to be Provided (Rule- 56)
 A Public Entity shall have to separately maintain the records of
sale and registration of pre-qualification document, bidding
documents
 If a bidder or proponent personally or by his/her agent submits
a prequalification proposal, bidding documents or the Public
Entity shall receive it and issue him/her a receipt having
specified date and time.

Case: Whether the bidder should submit the bid/ proposal in the
main registration register or a separate register in the
Procurement Unit of the PE
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Registration Book to be Maintained
and Receipt to be Provided (Rule- 56)
 The Public Entity shall mention the registration number
registered in the registration book onto the outer side
of the envelop of the bid received.

 After expiry of the time for sale and registration of bid,


the chief of the concerned Public Entity or an employee
designated by him/her shall sign the book and close
such a book.

20
Withdrawal and Modification of Bid
(Sec. 19)
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.
• Such modification or withdrawal: In case of electronic bid until
the last date and time of submission but in case of physical
submission sealed envelop for this purpose should be registered
24 hours before the closing of submission time.

Case: A bidder once submitted the bid and again registered first the
modification of the bid and next time for withdrawal of the bid. In this
circumstances which one will be valid: modification or withdrawal ? or
both ? How you proceed with this case, when you open the bid.

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Application for Withdrawal/ Modification
• The application stating the following details should be given to PE:
1. Subject of Bid or Proposal
2. Name and address of the PE or Official soliciting the bid/ proposal
3. Subject of withdrawal or modification of bid or proposal
4. Opened on the date and time of bid/proposal [ opening

• The application cannot be given more than one time except the
amendment was due to caused by the PE amendment.
• Bid or proposal cannot be returned once amended and the application is
given
• Bid or proposal can be withdrawan or modified through the same means
as submission was made. No action shall be taken for the application
submitted through different means (Physical or Electronic ?)

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Validity Period of Bid (Sec. 20)
Commencement of Bid Validity: The validity period of a
bid shall be as specified in the bidding documents and shall
commence from the deadline for the submission of bids.
Extension of Validity and Consent of Bidder: Validity
period of bids after the opening of bids can be extended
required assigning the reasons for the same But consent of
the concerned bidder shall have to be obtained.
Extension of Bid and Security Validity: A bidder who
agrees to extend the validity period of bid shall
correspondingly extend the validity period of bid security.
Return of Bid Security: The bid security of the bidder not
providing consent shall be returned.
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Bid Validity Period (Rule-54):

A Public Entity shall, in setting out bid-validity period of a


bid in the bidding documents set out the period as follows:
(a) For a bid with cost estimate of up to one hundred
million Rupees - Ninety days
(b) For a bid with cost estimate whatsoever above one
hundred million Rupees - One hundred and twenty days

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Safety of Bid (Rule 57)
• A Public Entity shall have to keep the bid received as per
this Regulation in such a safe manner that it can not be
opened by any one prior to the time for opening such a
bid.

• The Public Entity shall keep the characteristics of the


sample submitted along with a bid in such a confidential
and safe manner that it can not be made public prior to
opening the bid.

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Non–Procession of Bids (Sec.24)
Need to Consider - Before opening and during the
examination of bids and non compliance due to following
shall not be processed:
(a) Where it is not sealed,
(b) Where it is not submitted within the time frame,
(c) The bids withdrawn (Sec.19). Withdrawal and
Modification of Bid: 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.

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Non–Procession of Bids (Sec.24)
Bids having following non compliance shall not be processed:
(d)If it is not in accordance with Examination of Bids (23(2)):
bidder qualified under law to submit the bid are submitted or
not, signed by the bidder or authorized agent or not, bid
security of such type, period and amount, terms and conditions
attached with the bidding documents or not.
(e) The bids submitted by mutual collusion : (Sec.26 (2):
Rejection of Bids or Cancellation of Procurement Proceedings:
The bidder has submitted bid by collusion among the bidders,
such bid shall be rejected.

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Non–Procession of Bids (Sec.24):
Bids having following non compliance shall not be
processed:
(f)The bids cancelled as per PPA 23(7) :

While examining the qualification if the qualification of a


bidder is found to be substantially lower than what was at
the prequalification stage, the bid of such a bidder shall be
rejected.

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Opening of Bids (Sec-22)
Open on the submission day: The Public Entity shall have to
open bids 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
Committee for Opening of Bid/Proposal: The bids/
proposal registered in PE shall be opened by a two member
committee formed in the coordinatorship of Procurement
Official. The committee has at least 2 members including the
coordinator. The bids/ proposals be opened in the presence
of bidder or their representative/s on predetermined time
(Rule-59(1)
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Opening of a Bid (Rule 59)
 A Public Entity shall have to open a bid in the presence of the bidder or
their representative. Provided that there shall be no hindrance for
opening a bid merely for reason of absence of a bidder or his/her
representative.
 The Public Entity shall, before opening a bid separate the envelop of the
bid received after the deadline of bid submission, the envelop containing
an application given for amendment or withdrawal of bid and the
envelop of the bid duly registered and return back unopened the bid
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.

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Bid Opening Records (Rule 59)
After returning back bids open the envelop of the bid requested
by the bidder:
Withdrawal and read out the name of such a bidder and
then open all envelops submitted for amendment of bid and read
out the content inside such an envelop.
After reading out the content of both above open, the bids
submitted, respectively, and read out the following contents of
such a bid, then prepare a Muchulka (minute) thereof and shall
cause to be signed such Muchulka (minute) by the concerned
bidder or agent who are present:
a) Name and address of the bidder,
b) Quoted price of bid and each unit rate,
c) If any discount is offered to be given in the bid, statement
thereof, 31
Bid Opening Records (Rule 59)
d) If any alternative to technical specifications is offered,
quoted price thereof,
e) Statement on whether bid security is accompanied or
not,
f) If there is discrepancy between figure and words,
details of such discrepancy,
g) Whether the bid form contains the signature of bidder
or his/her agent or not,
h) Where the bidding documents is corrected or effaced,
the amount and statement written after such efface,

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Bid Opening Records (Rule 59)
i) Whether the bidder or his/her representative has signed
or not,
j) If the bidder has stated any remarks on the bid form,
content thereof and if he/she has asked the rate, details
thereof, and
k) Other necessary matters considered appropriate by the
Public Entity.

No decision at the time of Opening : At the time of opening


bid no decision may be made of accepting or rejecting a
bid.
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Case: Difference in Muchulka (Records in
Opening)
• A Bid was opened in the presence of PE officials, bidders and
representatives. The record of opening was prepared in the format and
signed by all the persons presence at the time of opening.
• Later it was found that the one of the amount and BoQ rate of an item
having a deciding effect in evaluation was found corrected but not
signed.
• But when it was verified with the record of opening (muchulka) it was
found that there was no correction and no record of such correction
was made.
• In this circumstance, How do you proceed ahead? Which one do you
valid and how do you examine the bid?

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B2 TRAINING ON PROCUREMENT OF WORKS AND CONSULTANCY
SERVICES

IPFMRP – CDP Project

35

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