PUBLIC PROCUREMENT ACT

Section 32: Evaluation of Bids.

2007Section 32 of 61Federal Republic of Nigeria

(1) For the evaluation and comparison of bids that have been adjudged as valid for the purposes of evaluation, no other method or criteria shall be used except those stipulated in the solicitation documents.
(2) The objective of bid evaluation shall be to determine and select the lowest evaluated responsive bid from bidders that have responded to the bid solicitation.
(3) In the course of its determination of the lowest evaluated responsive bid from the bidders that have responded to the bid solicitation the Tenders Board shall, in particular, undertake the following processes as applicable:
(a) checking of deviations;
(b) checking of omissions with quantification of same;
(c) application of discounts, as applicable;
(d) clarification with bidders of questionable minor deviations;
(e) quantification in monetary terms of such questionable deviations;
(f) conversion to common currency;
(g) calculation and tabulation of bid amount with domestic preference where applicable;
(h) determination of the lowest calculated prices in order of rank;
(i) post-qualification of bidders, where applicable;
(j) listing of rejection of bids, where applicable;
(k) decision of rejection of all bids where justifiable;
(l) recommendation for award; and
(m) writing up of the bid evaluation report.
(4) All relevant factors, in addition to price, that will be considered for the purposes of bid evaluation and the manner in which such factors will be applied shall be stipulated in the solicitation documents.
(5) Such factors shall be calculated in monetary terms as stipulated in the solicitation documents and shall include:
(a) for goods, among others, costs of transportation and insurance, payment schedule, delivery time, operating costs, efficiency, compatibility of the equipment, availability of services and spare parts, related training, safety, environmental benefits or losses by damages;
(b) for works, in addition factors stipulated in Section 34(1) of this Act, and subject to Section 34(2) of this Act, if time is a critical factor, the value of early completion; and
(c) the value of early completion under Section 35(2) of this Act shall not be taken into account unless, in conformity with criteria pre-set in the bidding documents, the conditions of contract provide for commensurate penalties in case of late delivery.
(6) When bid prices are expressed in two or more currencies, the prices of all bids shall be converted to Nigerian currency, according to the rate and date of rate specified in the solicitation documents.
(7) If suppliers were pre-qualified, verification of the information provided in the submission for prequalification shall be confirmed at the time of award of contract and award may be denied to a bidder who no longer has the capability or resources to successfully perform the contract.
(8) After opening of bids, information relating to the examination, clarification and evaluation of bids and recommendations concerning award shall not be disclosed to bidders or to persons not officially concerned with the evaluation process until the successful bidder is notified of the award.

Cite this section

Section 32, PUBLIC PROCUREMENT ACT (2007).

https://repo.podus.ai/laws/public-procurement-act/section/32/