Common use of Clarification of Tenders Clause in Contracts

Clarification of Tenders. To assist in the examination, evaluation and comparison of tenders the Procuring entity may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted. Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender. Preliminary Examination The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantify, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures the amount in words will prevail The Procuring entity may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of any tenderer. Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformity. Conversion to Single Currency Where other currencies are used, the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya. Evaluation and Comparison of Tenders The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender. A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.

Clarification of Tenders. To assist in the examination, evaluation and comparison of tenders the Procuring entity may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted. Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender. Preliminary Examination The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order. Arithmetical errors will be rectified on the following basisnot rectified. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantify, the unit price shall prevail, and the total price shall not be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures the amount in words will prevail The Procuring entity may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of any tenderer. Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformity. Conversion to Single Currency Where other currencies are used, the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya. Evaluation and Comparison of Tenders The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender. A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.

Clarification of Tenders. 26.1 To assist in the examination, evaluation and evaluation, comparison of tenders the Tenders, and qualification of the Tenderers, the Procuring entity Entity may, at its discretion, ask the tenderer any Tenderer for a clarification of its tenderTender. Any clarification submitted by a Tenderer in respect to its Tender and that is not in response to a request by the Procuring Entity shall not be considered. The Procuring Entity's request for clarification and the response shall be in writing. No change, and no change including any voluntary increase or decrease, in the prices or substance of the tender Tender shall be sought, offered, or permitted. Any effort permitted except to confirm the correction of arithmetic errors discovered by the tenderer to influence Procuring Entity in the Procuring entity Evaluation of the Tenders, in accordance with ITT 30. If a Tenderer does not provide clarifications of its Tender by the date and time set in the Procuring entity’s tender evaluationEntity's request for clarification, tender comparison or contract award decisions its Tender may result be rejected. 27. Deviations, Reservations, and Omissions 27.1 During the evaluation of Tenders, the following definitions apply: a) “Deviation” is a departure from the requirements specified in the rejection Tendering document; b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the tenderers’ tenderrequirements specified in the tendering document; and c) “Omission” is the failure to submit part or all of the information or documentation required in the tendering document. Preliminary Examination 28. Determination of Responsiveness 28.1 The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantify, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures the amount in words will prevail The Procuring entity may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of any tenderer. Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s Entity's determination of a tender’s Tender's responsiveness is to be based on the contents of the tender itself Tender itself, as defined in ITT28.2. 28. A substantially responsive Tender is one that meets the requirements of the tendering document without recourse material deviation, reservation, or omission. A material deviation, reservation, or omission is one that: a) if accepted, would: i) affect in any substantial way the scope, quality, or performance of the Goods and Related Services specified in the Contract; or ii) limit in any substantial way, inconsistent with the tendering document, the Procuring Entity's rights or the Tenderer obligations under the Contract; or b) if rectified, would unfairly affect the competitive position of other Tenderers presenting substantially responsive Tenders. 28.2 The Procuring Entity shall examine the technical aspects of the Tender submitted in accordance with ITT 15 and ITT 16, in particular, to extrinsic evidenceconfirm that all requirements of Section VII, Schedule of Requirements have been met without any material deviation or reservation, or omission. 28.3 If a tender Tender is not substantially responsiveresponsive to the requirements of tendering document, it will shall be rejected by the Procuring entity Entity and may not subsequently be made responsive by the tenderer by correction of the non conformitymaterial deviation, reservation, or omission. Conversion to Single Currency Where other currencies are used29. Non-conformities, the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya. Evaluation Errors and Comparison of Tenders The Procuring entity will evaluate and compare the tenders which have been determined to be Omissions 29.1 Provided that a Tender is substantially responsive, pursuant the Procuring Entity may waive any non-conformities in the Tender. 29.2 Provided that a Tender is substantially responsive, the Procuring Entity may request that the Tenderer submit the necessary information or documentation, within a reasonable period of time, to paragraph 2.22 The tender evaluation committee rectify nonmaterial non- conformities or omissions in the Tender related to documentation requirements. Such omission shall evaluate the tender within 30 days not be related to any aspect of the validity period price of the Tender. Failure of the Tenderer to comply with the request may result in the rejection of its Tender. 29.3 Provided that a Tender is substantially responsive, the Procuring Entity shall rectify quantifiable nonmaterial non-conformities related to the Tender Price. To this effect, the Tender Price shall be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component in the manner specified in the TDS. The adjustment shall be based on the average price of the item or component as quoted in other substantially responsive Tenders. If the price of the item or component cannot be derived from the date price of opening other substantially responsive Tenders, the tenderProcuring Entity shall use its best estimate. A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement30.

Clarification of Tenders. To assist in the examination, evaluation and comparison of tenders the Procuring procuring entity may, may at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted. Any effort by the tenderer to influence the Procuring procuring entity in the Procuring procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender. Comparison or contract award decisions may result in the rejection of the tenderers’ tender. Preliminary Examination and Responsiveness The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties securities have been furnished, furnished whether the documents have been properly signed, and whether the tenders are generally in order. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantifyquantity, the unit price shall prevail, and the total price shall be corrected. If if the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security may be forfeited. If there is a discrepancy between words and figures figures, the amount in words will prevail prevail. The Procuring entity may waive any minor informality or non-conformity nonconformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect affect the relative ranking of any tenderer. Prior to the detailed evaluation, pursuant to paragraph 2.23 2.20, the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, one which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformitynonconformity. Conversion to Single Currency a single currency Where other currencies are used, the procuring entity will convert these those currencies to Kenya Shillings shillings using the selling exchange rate on the date of tender closing provided by the Central Bank central bank of Kenya. Evaluation and Comparison comparison of Tenders tenders. The Procuring procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22 2.20 The comparison shall be of the price including all costs as well as duties and taxes payable on all the materials to be used in the provision of the services. The Procuring entity’s evaluation of a tender evaluation committee shall evaluate will take into account, in addition to the tender within 30 days of price, the validity period from following factors, in the date of opening manner and to the extent indicated in paragraph 2.22.4 and in the technical specifications: operational plan proposed in the tender. A tenderer who gives false information ; (b) deviations in payment schedule from that specified in the tender document about its qualification or who refuses to enter into a contract after notification Special Conditions of contract award shall be considered for debarment from participating in future public procurement.Contract;

Clarification of Tenders. To assist in the examination, evaluation and comparison of tenders the Procuring entity may, at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted. Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tender. Preliminary Examination The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the tenders are generally in order. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantifyquantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security forfeited. If there is a discrepancy between words and figures the amount in words will prevail The Procuring entity may waive any minor informality or non-conformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect the relative ranking of any tenderer. Prior to the detailed evaluation, pursuant to paragraph 2.23 2.24 the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non non- conformity. Conversion to Single Currency Where other currencies are used, the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya. Kenya Evaluation and Comparison of Tenders The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender. A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.

Clarification of Tenders. To assist in the examination, evaluation and comparison of tenders the Procuring procuring entity may, may at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance of the tender shall be sought, offered, or permitted. Any effort by the tenderer to influence the Procuring procuring entity in the Procuring procuring entity’s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers’ tenderers tender. Preliminary Examination and Responsiveness The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required sureties securities have been furnished, furnished whether the documents have been properly signed, and whether the tenders are generally in order. Arithmetical No arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantifyquantity, the unit price shall prevail, and the total price shall be corrected. If the candidate does not accept the correction of the errors, its tender will be rejected, and its tender security may be forfeited. If there is a discrepancy between words and figures figures, the amount in words will prevail prevail. The Procuring entity may waive any minor informality or non-conformity nonconformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or effect affect the relative ranking of any tenderer. Prior to the detailed evaluation, pursuant to paragraph 2.23 2.22, the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one, one which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity’s determination of a tender’s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence. If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the non conformitynonconformity. Conversion to Single Currency Where other currencies are used, the procuring entity will convert these currencies to Kenya Shillings using the selling exchange rate on the date of tender closing provided by the Central Bank of Kenya. Evaluation and Comparison of Tenders The Procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph 2.22 The tender evaluation committee shall evaluate the tender within 30 days of the validity period from the date of opening the tender. A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement.single currency