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Daily Legal Advice Series

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 149:- Hi, hope all is well at your end! We have invited separate technical and commercial bids through competitive bidding for construction works. However, during technical evaluation stage and before commercial bid opening, one of the vendors has submitted a letter offering a discount over and above their quoted bid value. In light of PPRA rules provision, you are requested to kindly advise if the offered discount may be accepted before commercial bid opening or shall we regret to accept their offer and consider only the quoted rates offered in their sealed bid for commercial evaluation. Your early response in this regard would be highly appreciated!

 

Hassan Ali, USA

 

Answer:- Thank you very much for writing to us! As per your query,according to the terms of Rule 31 (1) of Public Procurement Rules, 2004 no bidder shall be allowed to alter or modify his bid after the bids have been opened. However the procuring agency may seek and accept clarifications to the bid that do not change the substance of the bid. The offer of discount by the bidder after opening of technical bids will change the substance of his bid. As such the discount offered by the bidder must not be considered at this stage. Hope this answers your query!

If you wish to inquire anything else you may set up an appointment with our extremely competent team of lawyers and visit our office which is located at GF-13, Tower A, The Centaurus, Islamabad, Pakistan.

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