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a. It is a set date and time. However it can be postponed in the event that an
addendum needs to be issued which requires the bidders to have more time
to submit a suitable proposal or a considerable number of bidders request an
extension in order to produce a better proposal.
If however, the client has not changed the deadline for submission, it will be
upheld to the strictest regulations.
b. Negotiations can be made only after awarding of contract. Negotiations will
not allow deviation from the Terms of reference or financial proposal/BOQ
rates submitted by bidder.
c. A bidder may enter into a JVCA with another firm and submit one bid under
the official name of the JVCA. For more information on how to submit the bid,
please refer instructions to bidders
d. If the offer is accepted and the contract negotiations are successful, the
terms of contract will dictate how the contractor is to be paid. The contract
conditions will also dictate what should happen if the contractor is not paid on
time and how disputes can be resolved if an agreement is not reached. For
more information please refer the general and particular conditions of
contract in the bidding documents
e. The bidder can send a complaint to the client, in which case the client shall
provide all documentary evidence for non-compliance. If the project is funded
by an external organisation, the client will also forward the complaint to the
Bank and they should assist in reaching a resolution. The contract shall not
be awarded until the complaint is resolved.
f. The bid can be submitted by email if it is stated in the instructions to
tenderers, otherwise it may not.
g. The procuring entity may disclose the estimate if it believes that this will
improve competiveness or value for money among bidders or in the case that
the funds are limited. However, if information for pricing is already available
and contractor is well aware of pricing methodologies then it is unnecessary
to provide the budget.

7. This action is not acceptable. The purpose of the bid opening is to read out
the bidders and their respective prices. While the lack of the bid security is a
major deviation and is grounds to disqualify of the bidder, the bid opening is
not the place to do it. This should be determined during the bid evaluation
process and the bidder should be informed in writing. The action of the
chairman is therefore unprofessional and not good practice.
10.

Common law Civil Law


Rulings are made based on precedents, There is a set of rules and statues on
i.e. if a similar case has been judged in how to judge a particular case.
a particular way in the past, then the
judge is inclined to pass a similar ruling
The judge plays a more liberal role as a The judge is the main body responsible
mediator to two opposing parties. In for bringing charges, stating facts and
some cases a jury can make the final making the final decision
verdict.
The judge can shape the outcome of The judge while has the power to make
the case and has the power to change all the decisions has to abide to the
the law or even set precedence strict codes and statues which have
been formulated by other legal bodies
The lawyer plays a crucial role in the The lawyer while defending the rights of
outcome of the case. their client does not have much
influence over the legal proceedings

17. This projects allocable cost = 250000 x (2700000/10000000) = USD 67,500


Daily allocable overhead rate = 67500/265 = USD 254.72
Home office overhead damages = USD 11,462.26
53.
a. Bid security A missing bid security can be grounds for disqualification. It can
also be a bid security that is not submitted according to the specifications in
the instructions to bidders, e.g. value of bid bond or type of submission such
as cheque, bond, LC or bid securing declaration
b. Non responsive to technical specifications The bidder is unable to provide
the goods, works or services in accordance with the technical specifications in
the TOR. In the evaluation criteria, it should be explicitly stated that non-
responsiveness will result in immediate disqualification.
c. Failure to complete and sign the Bid Form and/or Bill of Quantities
d. Failure to satisfy eligible criteria, e.g. as per Banks recommendation or the
bidder has been debarred.

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