The following FAQs are aimed at enhancing knowledge in public procurement and guiding stakeholders in effective decision making.

The FAQs result from a collaborative exercise with stakeholders who are invited to submit their feedback and/or additional questions by e-mail to the Procurement Policy Office (PPO) at: faqppo@govmu.org

These will be considered, and where appropriate answers will be released progressively.

For specific legal provisions of the Public Procurement Act 2006, visit PPA with Links.

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FAQs  (Please click on Question for the Answer)



   Application of the Act

1. Which types of procurement are exempted from the application of the Act?


   Bidding Document

1. Can a public body specify the brand name of an item in the bidding document?

2. Can bidders amend any bidding form contained in the bidding document?

3. What should a bidder do in case he finds that there are missing pages/annexes/discrepancies in the bidding documents?

4. What should the public body do in case missing pages/annexes/discrepancies in the bidding document have been reported?

5. In a procurement exercise undertaken by a Diplomatic mission, can the mission use a bidding document other than the PPO standard bidding documents?


   Bidding Process

1. Can two firms with the same Director/controlling shareholders register with a public body?

2. Can two firms having the same Director/controlling shareholders participate in the same bidding exercise?

3. Can a person participate in a bidding exercise in an individual capacity?


   Bid Security

1. Which types of bid security are required in a bidding exercise?


   Bid Validity

1. Can a public body request a bidder for extension of bid validity where the bid validity period has already lapsed?

2. Should the public body request for an extension of bid validity period from bidders who have not passed the technical evaluation?

3. In a procurement exercise, one bidder has offered a shorter validity period against the validity period explicitly mentioned in the Bidding document. Can the public body consider this as a minor deviation and ask the bidder for a correction in the validity period?


   Cancellation of Bidding Process

1. Following a procurement exercise, the selected bidder became insolvent. Can the public body/Central Procurement Board (CPB) entertain a request from that bidder for the return of his drawings, reports and catalogues?


   Challenge and Appeal

1. When can a Challenge to a public body be made?

2. When can an Appeal to the Independent Review Panel be made?


   Choice of Procurement Method

1. Can public bodies resort to Direct Procurement for consultancy services?

2. Can a public body allow participation of an interested bidder who was not invited to participate in a Restricted Bidding, Request for Sealed Quotation or Informal Quotation?

3. Do suppliers need to be registered with the public body to participate in a bidding exercise?


   Cost Estimate

1. In a procurement exercise, is a cost estimate required prior to the invitation of bids?


   Deadline for the Submission of Bids

1. Can the closing date for a bid be extended if requested by only one bidder?

2. Can the closing date for a bid be postponed/extended until further notice?

3. Is there a minimum time prescribed for submission of bids?


   Debriefing of Unsuccessful Bidders

1. What is debriefing?

2. Who is an unsuccessful bidder?

3. What is the timeframe prescribed for a bidder to request for a debriefing?

4. Is there a timeframe for the public body to attend to a request for debriefing?

5. What information should be provided to an unsuccessful bidder during debriefing?

6. Does debriefing apply to Expression of Interest?


   Emergency Procurement

1. In an emergency procurement, can negotiation with a single supplier be held by the public body on scope of works, specifications as well as cost?


   Examination and Evaluation of Bids

1. A bid was solicited in a restricted bidding exercise from a particular bidder, but its associate/subsidiary company participated in the procurement by submitting a bid. Can the bid be accepted?

2. Should the Bid Evaluation Committee collate the bids received with the original bidding documents?

3. Is it necessary to constitute a Bid Evaluation Committee for offers received through informal quotation?

4. When a public body or the Board (CPB) has received an abnormally low bid, can the bid be rejected outright?

5. What information should be requested from a bidder if its bid is considered as abnormally low?

6. What should the public body do in a bidding exercise, with two-envelope system, where a bidder discloses his financial proposal in the technical envelope?

7. Can a Procurement Committee/Departmental Bid Committee (DBC)/ CPB request a Bid Evaluation Committee (BEC) to review its recommendations?

8. Should a public body disclose the scores of all consultants having passed the technical proposals to consultants who have not scored the minimum pass mark?

9. Can the members of the Bid Evaluation Committee communicate with the bidders during the evaluation process?

10. What is the way forward, whenever the Departmental Bid Committee (DBC) is in presence of an evaluation report with dissenting views?


   Framework Agreement

1. In a Framework Agreement, following a Mini Competition, can a bidder offer an overall discount in his bid if the bid document is silent on the matter?


   Negotiation

1. Can a public body negotiate with a selected consultant to carry out only part of the assignment in a procurement exercise for Consultancy Services?


   Notification

1. For the procurement of Consultancy services, should notification of award be sent to all bidders including those who did not pass the technical stage?


   Participation in a Bid Exercise

1. Can a bidder/supplier who was involved in preparation of the specifications for procurement of goods or works or services, participate in the bidding exercise conducted by a public body?


   Payment

1. A public body administering a contract is in the presence of a letter from an employee employed under a contract stating that he has not been paid by the main contractor at the time a claim for payment is filed. What should the public body do?


   Prequalification

1. What is prequalification?


   Shortlisting of Suppliers

1. How should a public body shortlist potential bidders for Consultancy Services?


   Sub-contracting

1. Can a Contractor change a subcontractor, which he has proposed in his bid, after the award of the contract?

2. Can a contractor subcontract part of the works after award, if same has not been indicated in his bid submission?

3. Can a subcontractor be held liable for low quality work in a procurement contract?


   Submission of Bids

1. How should bids be submitted?

2. Can a foreign bidder nominate a local representative or agent to sign and submit a bid on his behalf?

3. In a procurement exercise, can a bidder submit an alternative offer?

4. Can a bid be accepted from a bidder who did not attend a pre bid meeting?

5. Can a bidder who could not attend the pre-bid site visit effect a site visit on his own?

6. Do minutes of meeting of a pre bid meeting form part of the bidding documents?


   Variation

1. What procedure should be followed in case any variation leads to an increase in contract value for a major works contract?


   Withdrawal and Modification of Bids

1. Can a bidder substitute, modify or withdraw an already submitted bid before the closing date and time for bid submission?