Section 31: Examination of Bids.

(1) All bids shall be first examined to determine if they:
(a) meet the minimum eligibility requirements stipulated in the bidding documents;
(b) have been duly signed;
(c) are substantially responsive to the bidding documents; and
(d) are generally in order.
(2) Procuring entity may ask a supplier or a contractor for clarification of its bid submission in order to assist in the examination, evaluation and comparison of bids.
(3) The following shall not be sought, offered or permitted:
(a) changes in prices;
(b) changes of substance in a bid; and
(c) changes to make an unresponsive bid responsive.
(4) Notwithstanding sub-Section (3) of this Section, the procuring entity may correct purely arithmetical errors that are discovered during the examination of tenders.
(5) The procuring entity shall give prompt notice of the correction to the supplier or contractor that submitted the tender.
(6) A major deviation shall result in a rejection of bid while a minor deviation shall be subject to clarification.
(7) The following shall be considered as major deviations:
(a) with respect to clauses in an offer;
(i) unacceptable sub-contracting,
(ii) unacceptable time schedule if time is of essence,
(iii) unacceptable alternative design, and
(iv) unacceptable price adjustment.
(b) with respect to the status of the bidder:
(i) the fact that he is ineligible or not pre-qualified,and
(ii) the fact that he is uninvited;
(c) with respect to bid documents an unsigned bid:
(d) with respect to time, date and location for submission:
(i) any bid received after the date and time for submission stipulated in the solicitation document,
(ii) any bid submitted at the wrong location.
(8) In cases of major deviations, bids shall not be considered any further and, where unopened, shall be returned as such to the bidder.
(9) In all cases of rejection, a letter stipulating the reasons for rejection shall be sent, and the bidder shall not be permitted to amend his bid to become compliant.
(10) Subject to any provision to tile contrary, the following shall be considered as minor deviations:
(a) the use of codes:
(b) the difference in standards;
(c) the difference in materials;
(d) alternative design;
(e) alternative workmanship;
(f) modified liquidated damages;
(g) omission in minor items;
(h) discovery of arithmetical errors;
(i) sub-contracting that is unclear and questionable;
(j) different methods of construction;
(k) difference in final delivery date;
(l) difference in delivery schedule;
(m) completion period where these are not of essence;
(n) non-compliance with some technical local regulation;
(o) payment terms; and
(p) any other condition that has little impact on the bid.
(11) In cases not mentioned above and where there exists a doubt as to whether a particular condition in a bid is a major or a minor deviation, the following rules shall apply:
(a) where the impact on the costs is major, it shall be regarded as a major deviation; and
(b) where the impact on the costs is minor, it shall be regarded as a minor deviation.
(12) In cases of minor deviations, written clarification may be obtained from the supplier or contractor and, where applicable, an offer made for the correction of the minor deviation.
(13) Where a supplier or contractor does not accept the correction of a minor deviation, his bid shall be rejected.
(14) At the stage of evaluation and comparison, all minor deviations shall be quantified in monetary terms.
(15) For the rejection of a bid, a written notice shall be given promptly to the supplier.