TYING BIDS/PROPOSALS

freddy.mbeyella Fri May 17, 2013 5:42 pm

RJM,
I like the Indian experience! This will be fair and simplify the process. The only challenge at moment is backing by Law

**RJM** Thu May 09, 2013 9:04 pm

Freddy,

I doubt whether the recommendations of splitting or negotiations are supported by the Law.

Splitting implies that one tender will end up with two contracts - is this possible? How do you split 15 computers into halves?

Negotiations - with which bidder? Regulation 95 doesn't allow to negotiation price.

I have came across India's experience whereby they Coin Toss. Probably this could be the way forward

freddy.mbeyella Wed May 08, 2013 9:13 pm

The topic appears to be recurring as practical experience are still unfolding, but no clear solution on hand. Only recently, I was approached by one procurement specialist requesting me to share my opinion on quotations which tied in all aspects. According to the practitioner, the matter was brought to tender board with recommendation for splitting the contract into halves. The board could not resolve as they had different opinions. Others concurred with recommendation from PMU while others were on opinion of inviting the bidders for negotiations. Based on RJM’s opinion and others how can we rescue our colleague?

GadielCM Fri May 14, 2010 2:57 pm

Dear in the forum,
On the issue of tying Bids especially in procurement of Consultant and if the issue reached a point two or more firms/consultant tied in scores( let call the lowest evaluated consultant). My opinion is to invite all tied firms to negotiate and come with the best optioned Consultant. I am sure in negotiation process and if at all you use Rg 66/GN98/2005 effectively PE can not say that, in negoation agreement both of negotiated firms tied up in all terms, never.

I submit for this comment.

**RJM** Tue May 11, 2010 8:44 pm

The documented experience indicate that in case of tying bids in the case of procurement of Goods, Works, Non-consultancy and Disposal of Asset the tying bidders will be given a chance of submitting a "final revision offer". This could be interpreted that bidders are given the chance to "reduce their prices" in order to win the contract. In line with our legislations will this contravenes R95(2)(c)/97/2005 which prohibits negotiation to reduce the prices or increase (disposal of assets) or the referred regulation applied in case of negotiation only because in the scenario at hand no negotiation is held.

In case of Selection and Employment of Consultant; Quality and Cost Based Selection, in case the combined scored tied up, the PE should award the contract to the firm with lowest evaluated cost among the consultant. This based on the principle that PE is procurement services and issue of cost is paramount [lowest cost to perform the assignment].

Can we adopt these approaches in our legislations?

**RJM** Tue Dec 22, 2009 1:05 pm

RSM

I think this is matter of mathematics rather than procurement legislations. In this scenario Evaluation Committee fail to comprehend that 88% is greater than 87.5%. However, I have evident Evaluation Committee truncating figures for one consultant and rounding the figures for other consultant in order to reach their objectives. Can we say that there is something fish going in these circumstances?

**RSM** Tue Dec 22, 2009 12:21 pm

RJM

Mine is not a case of tying bids but something close to that which happened recently in one of the tenders.

The combined score of one consultant was 87.5% and that of the other was 88%. The Evaluation committee decided to round off 87.5 to 88, and picked the firm whose score has been rounded off to 88 because their price was low.

Anything to say on this?

**RJM** Mon Dec 21, 2009 5:50 pm

In the old version forum, tying bids/proposals was one of the interesting topics and I believe the topic did not get required attention due to the fact that the forum was new and few number of the members compare to now.

The issue was what is the best line of action in the case where two firms tie in the scores of combined technical and financial proposals AS WELL AS in the case of Quality Based, Fixed Budget and Least Cost Selections? Furthermore, in the procurement of works, goods and non-consultancy services, what will be the way forward in case firms tie in the price and other qualifications as set forth in the bid documents? I hope the stakeholders who contributed in this topic they can put this issue in the right perspective in case I did not capture the subject well.

If my memory is right, in principle, most of the contributors agreed that the current procurement legislations in Tanzania do not provide provisions in case of these scenarios.

WHAT ARE YOUR COMMENTS

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