Compliance with Technical Specifications

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Compliance with Technical Specifications

Post by luxia on Mon May 17, 2010 4:39 pm

Can a bid still be considered, even though in the Statement of Compliance (with the technical specifications) a "not comply" was stated in one of the specifications, and a better alternate offer instead was presented in a separate sheet?
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Re: Compliance with Technical Specifications

Post by engrjhez® on Mon May 17, 2010 8:51 pm

luxia wrote:Can a bid still be considered, even though in the Statement of Compliance (with the technical specifications) a "not comply" was stated in one of the specifications, and a better alternate offer instead was presented in a separate sheet?

No. The bidding documents reflect the minimum specifications required by the agency. Non-compliance doesn't mean it is any better, thus inferior and must not be accepted. If your case is argueable, please give specific examples on your query. Smile
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Re: Compliance with Technical Specifications

Post by sunriser431 on Tue May 18, 2010 9:29 am

luxia wrote:Can a bid still be considered, even though in the Statement of Compliance (with the technical specifications) a "not comply" was stated in one of the specifications, and a better alternate offer instead was presented in a separate sheet?
excerpt from the PBDs 3rd edition which is self explanatory. bounce
Statement of Compliance Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. A statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid evaluation, post-qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the provisions of ITB Clause 3.1(a)(ii) and/or GCC Clause 2.1(a)(ii).


Last edited by sunriser431 on Wed May 19, 2010 6:33 pm; edited 1 time in total
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Re: Compliance with Technical Specifications

Post by Niwram on Wed May 19, 2010 4:49 pm

luxia wrote:Can a bid still be considered, even though in the Statement of Compliance (with the technical specifications) a "not comply" was stated in one of the specifications, and a better alternate offer instead was presented in a separate sheet?

If one specification was considered not complied it is subject for disqualification.. however, Section 26 provides that, a bidder may modify its bid provided it is done before deadline for submission and receipt of bids, provided further that, original bid by the bidder shall not be allowed to retrieve. This response is based on what i have understand in your post.
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