PUBLIC PROCUREMENT ACT

Section 51: Procedure for Selection of Proposal where Price is a Factor.

2007Section 51 of 61Federal Republic of Nigeria

(1) Where the procuring entity elects to choose the successful proposal based on technical and price factors, it shall establish a weight with respect to quality and technical price factors of the proposals in accordance with the criteria other than price as might have been set out in the request for proposals and rate each proposal in accordance with such criteria and the relative weight and manner of application of the criteria as stipulated in the request for proposals; and then
(2) The procuring entity shall compare the prices of those proposals that have attained a rating at or above the threshold;
(3) The procuring entity shall notify the consultants whose proposals did not meet the minimum qualifying mark or were non-responsive to the invitation for proposals and terms of reference after the evaluation of quality is completed within a period of 14 working days after the decision has been taken by the procurement entity;
(4) The name of the qualifying consultants, the quality scores for the technical component of the proposal shall be read aloud and recorded alongside the price proposed by each consultant or service provider when the financial proposals are opened;
(5) The procuring entity shall prepare the minutes of public opening of financial proposals which shall be part of the evaluation report and shall retain this record.
(6) The successful proposals shall be:
(a) the proposals with the best combined evaluation in terms of the criteria established under subsection (1) of this Section from price in the case of quality and cost-based selection;
(b) the proposals with the lowest price in the case of least-cost selection; or
(c) the highest ranked technical proposal within the budget.
(7) The Consultants with the winning proposal shall be invited for negotiations, which shall focus mainly on the technical proposals.
(8) The proposed unit rates for staff-months and reimbursable shall not be negotiated unless there are exceptional reasons.

Cite this section

Section 51, PUBLIC PROCUREMENT ACT (2007).

https://repo.podus.ai/laws/public-procurement-act/section/51/