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Christine P. Mohammed & Brandon Antoine
PRESENTATION
PROCUREMENT
FAIR
Common Errors and Best Practices
during the Bidding Process - with
Case Studies
Operations Officer (Procurement), St. Lucia Development Fund
Caribbean Development Bank
• Key Principles to Inform Effective Bidding
• Considerations for Bid Preparation Stage
• Considerations for Bid Opening Stage
• Substantial Responsiveness and Material
Deviations
• Commons Errors Found at Preliminary
Examination Stage
• Major Deviations found during Detailed
Evaluation Stage Resulting in Bid Rejection
• Qualification Requirements for the
Recommended Bidder
• Case Studies
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
TABLE OF CONTENTS
Key Principles to Inform Effective Bidding
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
Timeliness Accuracy Quality Integrity
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
Shortcomings
Not obtaining bidding documents
directly from the Procuring Entity
Failing to read and seek clarification on
Bid Requirements
Not Attending Site Visits / Pre-Bid
Meetings
Missing Signatures, Poor Labelling,
Presentation & Layout
Sanctioned/committing Prohibited
Practices, including misrepresentation &
Conflict of Interest
Late Bid Submissions
Consequence
s
Unsure document is complete, correct and
might miss updates like links to virtual pre-
bid meetings
Requirements not clarified/errors
corrected to allow the Bidder to prepare
the optimum bid
Missed opportunity to see site
conditions or ask questions
Rejected Bids, difficulty in reading out
bids or evaluating
Disqualification, Debarment &
Discredit to Reputation
Rejected Bids
Best Practices
Request bidding document only from
the Procuring Entity
Ask for clarification in writing by
stipulated time
Assign a representative to attend Site
Visits & Meetings and take notes
Accurate Labelling & Use of templates
when provided
Taking time to understand Integrity
requirements in the bidding document
Submit on time
Considerations for Bid Preparation
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
Shortcomings
Unsealed / Unlabelled envelope
If submitting electronically, not providing
passwords in a timely manner
Omission of signatures and Form of Bid,
Bid Security / Bid Securing Declaration
Raising questions, concerns and
commercial information
Consequence
s
Bid submission unidentified and rejected
Unable to open bids securely and timely
Bid Rejected
Information that should not be disclosed
at a public forum might compromise the
process
Best Practices
Ensure packages are sealed and
correctly labelled
Ensure passwords are provided within the
stipulated period
Sign and submit Letter of Bid, Bid
Security / Bid Securing Declaration using
template provided by Procuring Entity
Follow the procedures set out in the bid
document
Considerations for Bid Opening Stage
Substantial Responsiveness and
Material Deviations
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
ITB. 29:
“A substantially responsive Bid is one that meets the requirements of the
Bidding Document without 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 Works’ Requirements as specified in
Section VII; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employer’s rights or the Bidder’s obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of other
Bidders presenting substantially responsive Bids.”
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
• All pages of Bid where entries have been made, shall be signed or initialed by the person authorised to sign
the Bid
• Particularly important that Letter of Bid signed
• Authorisation for the signatory to sign the bid shall form part of the bid
• In case of Joint Venture (JV), a copy of JV Agreement or intent to form a Joint Venture not be included
Verification
• Not conforming to eligibility in accordance with ITB 4.1 to ITB 4.11 and Section V Eligible Countries
Eligibility
• Unsigned or omission of Bid Security / Declaration in accordance with ITB 19.1
• Format, validity and currency inconsistent with bidding requirements
Bid Security / Bid Securing Declaration
• Incomplete Bidding Forms under Section IV of the Bidding document
Completeness of Bids
• Bids that fail Verification, Eligibility, Bid Security, or Completeness of Bids should not be examined
further, and not subjected to detailed evaluation
Substantial Responsiveness
Commons Errors Found at Preliminary Examination Stage
Material Deviations found during Detailed Evaluation Stage
Resulting in Bid Rejection
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
• failure to respond to essential Requirements
Technical
• requesting that a price adjustment clause be included in the contract, where the Bidding documents require that
Bids shall be submitted based on fixed prices
• Submitting Abnormally Low Bids
Financial
• Attempting to subcontract in a substantially different manner or amount than is permitted by the Bidding
documents
• refusal to accept the purchaser’s country as the law applicable to the contract
• refusal to comply with critical provisions in response of such items as taxes and duties or dispute resolution
procedures
• refusal to bear important contractual responsibilities or liabilities as allocated to the contractor by the Bidding
documents, such as insurance coverage
Contractual
Qualification Requirements for the Recommended Bidder
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
• Average Annual Turnover: Evidence of a certain value calculated as total certified payments received
from contracts in progress or completed within a last required number of years.
• Financial Resources: Evidence of Minimum liquid assets of a required value.
Financial Capability
• General Experience: Evidence of contracts in the role of contractor, sub-contractor or management
contractor for at least a required number of years prior to the Bid submission deadline with activity in for
a required period in each year.
• Specific Experience: Participated as a contractor, management contractor or subcontractor in at least a
given number of similar contracts of at least a similar contract value in size over a last required number
of years.
Contractor’s Experience
• Personnel: CV’s must meet/exceed required experience and academic qualifications for each key role.
Key Personnel
CASE STUDIES
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
• Not:
- Seeking Clarification
- Attending Site Visits / Pre-bid Meetings
- Conducting Market Research
• Late Submissions
• Omission Of Required Documents
• Bid Security/ Bid Securing Declaration Omissions
And Modifications
• Poor Quality Of Content, Presentation & Layout
• Misrepresentation Of Firm / Capability
• Financial Issues
NOT:
- SEEKING CLARIFICATION
- ATTENDING SITE VISITS / PRE-BID MEETINGS
- CONDUCTING MARKET RESEARCH
PRESENTATION TITLE & DATE
• Opportunities to request clarifications but must be requested, in
writing, within the stipulated time frame.
• Attention must be paid to procurement notices & deadlines.
• Lack of understanding of the scope of work/contractual
requirements results in inappropriate technical solutions and
inaccurately costed bids
• Lack of understanding of the building material required and the
availability of the materials from the local supply chain
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
LATE SUBMISSIONS
PRESENTATION TITLE & DATE
General:
• Pay attention to closing time
• No Flexibility with Accepting Late Bids
• Procuring entity determines when it is time to open bids
Hardcopies:
• Bidder responsible for courier inefficiencies
E-Submissions:
• File Size
• Bidder responsible for corrupt files/files rejected by virus/malware scan
• Email Time Stamps of procuring entity – time of receipt
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
OMISSION OF REQUIRED DOCUMENTS
PRESENTATION TITLE & DATE
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
• Letter of Bid - No one owns the bid if not provided and not signed
Depending on National requirements:
• In case of e-submissions, carefully check datasheet requirements
in relation to signing since not all countries accept digitally inserted
e-signatures
Certificates:
• Articles of Incorporation or Documents of Constitution, and
documents of registration of the legal entity" and "organizational
chart, a list of Board of Directors, and the beneficial ownership
Non-Bank Financed / National Requirements:
• National Insurance documents (good standing)
• Inland Revenue documents (good standing)
BID SECURITY/ BID SECURING
DECLARATION OMISSIONS AND
MODIFICATIONS
PRESENTATION TITLE & DATE
• Submit what is requested by the procuring entity
• Making changes to the standard templates in bidding document
• Using another template other than the standard templates
provided in the bidding document
• Name of Bidder in Letter of Bid must match the Bid Security/
Securing Declaration form
• Value of the bid security
• Validity of the timeline (CDB no objection, cabinet no objection,
acceptance).
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
POOR QUALITY OF CONTENT,
PRESENTATION & LAYOUT
PRESENTATION TITLE & DATE
• When preparing a bid, details should be as accurate and
precise as possible to prevent further delaying the bid
evaluation process
• Common Presentation Shortcomings:
- No Labels - Illegible Fonts - Faint Ink
- Chaotic Layout - Lack of Table of Contents Page
• Lack of project specific information provided in the bidder’s
technical proposal (generic copy and paste submissions)
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
MISREPRESENTATION OF FIRM /
CAPABILITY
PRESENTATION TITLE & DATE
• Bidding while sanctioned by a relevant Multilateral Development
Bank / UN Security Council.
• Committing any Prohibited Practices or not declaring a Conflict of
Interest under the procurement process in question.
• Key personnel mispresenting their experience /qualifications or not
actually being available/aware CV even being used.
• Claiming a larger aspect/responsibility in a project for "experience.“
• Claiming financials from "sister" firms/subsidiaries.
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
FINANCIAL ISSUES
PRESENTATION TITLE & DATE
• Contractor not pricing items in the BOQ
• Understanding the threshold of an abnormally low bid
• Stipulating that pricing is subject to adjustment where
bidding document says otherwise
• Offering in a currency other than that permitted
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
For more resources see:
CDB:
www.caribank.org/work-with-
us/procurement
Guidance Notes:
-
Guidance Note: Bid Evaluatio
n for Goods, Works and Non-
Consulting Services
-
Guidance Note: Assessment
of Abnormally Low Bids for
Works Contracts
PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
​
THANK
YOU

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03. CDB SLDF Common Errors & Best Practices.pptx

  • 1. Christine P. Mohammed & Brandon Antoine PRESENTATION PROCUREMENT FAIR Common Errors and Best Practices during the Bidding Process - with Case Studies Operations Officer (Procurement), St. Lucia Development Fund Caribbean Development Bank
  • 2. • Key Principles to Inform Effective Bidding • Considerations for Bid Preparation Stage • Considerations for Bid Opening Stage • Substantial Responsiveness and Material Deviations • Commons Errors Found at Preliminary Examination Stage • Major Deviations found during Detailed Evaluation Stage Resulting in Bid Rejection • Qualification Requirements for the Recommended Bidder • Case Studies PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ TABLE OF CONTENTS
  • 3. Key Principles to Inform Effective Bidding PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ Timeliness Accuracy Quality Integrity
  • 4. PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ Shortcomings Not obtaining bidding documents directly from the Procuring Entity Failing to read and seek clarification on Bid Requirements Not Attending Site Visits / Pre-Bid Meetings Missing Signatures, Poor Labelling, Presentation & Layout Sanctioned/committing Prohibited Practices, including misrepresentation & Conflict of Interest Late Bid Submissions Consequence s Unsure document is complete, correct and might miss updates like links to virtual pre- bid meetings Requirements not clarified/errors corrected to allow the Bidder to prepare the optimum bid Missed opportunity to see site conditions or ask questions Rejected Bids, difficulty in reading out bids or evaluating Disqualification, Debarment & Discredit to Reputation Rejected Bids Best Practices Request bidding document only from the Procuring Entity Ask for clarification in writing by stipulated time Assign a representative to attend Site Visits & Meetings and take notes Accurate Labelling & Use of templates when provided Taking time to understand Integrity requirements in the bidding document Submit on time Considerations for Bid Preparation
  • 5. PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ Shortcomings Unsealed / Unlabelled envelope If submitting electronically, not providing passwords in a timely manner Omission of signatures and Form of Bid, Bid Security / Bid Securing Declaration Raising questions, concerns and commercial information Consequence s Bid submission unidentified and rejected Unable to open bids securely and timely Bid Rejected Information that should not be disclosed at a public forum might compromise the process Best Practices Ensure packages are sealed and correctly labelled Ensure passwords are provided within the stipulated period Sign and submit Letter of Bid, Bid Security / Bid Securing Declaration using template provided by Procuring Entity Follow the procedures set out in the bid document Considerations for Bid Opening Stage
  • 6. Substantial Responsiveness and Material Deviations PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ ITB. 29: “A substantially responsive Bid is one that meets the requirements of the Bidding Document without 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 Works’ Requirements as specified in Section VII; or (ii) limit in any substantial way, inconsistent with the Bidding Document, the Employer’s rights or the Bidder’s obligations under the proposed Contract; or (b) if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.”
  • 7. PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ • All pages of Bid where entries have been made, shall be signed or initialed by the person authorised to sign the Bid • Particularly important that Letter of Bid signed • Authorisation for the signatory to sign the bid shall form part of the bid • In case of Joint Venture (JV), a copy of JV Agreement or intent to form a Joint Venture not be included Verification • Not conforming to eligibility in accordance with ITB 4.1 to ITB 4.11 and Section V Eligible Countries Eligibility • Unsigned or omission of Bid Security / Declaration in accordance with ITB 19.1 • Format, validity and currency inconsistent with bidding requirements Bid Security / Bid Securing Declaration • Incomplete Bidding Forms under Section IV of the Bidding document Completeness of Bids • Bids that fail Verification, Eligibility, Bid Security, or Completeness of Bids should not be examined further, and not subjected to detailed evaluation Substantial Responsiveness Commons Errors Found at Preliminary Examination Stage
  • 8. Material Deviations found during Detailed Evaluation Stage Resulting in Bid Rejection PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ • failure to respond to essential Requirements Technical • requesting that a price adjustment clause be included in the contract, where the Bidding documents require that Bids shall be submitted based on fixed prices • Submitting Abnormally Low Bids Financial • Attempting to subcontract in a substantially different manner or amount than is permitted by the Bidding documents • refusal to accept the purchaser’s country as the law applicable to the contract • refusal to comply with critical provisions in response of such items as taxes and duties or dispute resolution procedures • refusal to bear important contractual responsibilities or liabilities as allocated to the contractor by the Bidding documents, such as insurance coverage Contractual
  • 9. Qualification Requirements for the Recommended Bidder PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ • Average Annual Turnover: Evidence of a certain value calculated as total certified payments received from contracts in progress or completed within a last required number of years. • Financial Resources: Evidence of Minimum liquid assets of a required value. Financial Capability • General Experience: Evidence of contracts in the role of contractor, sub-contractor or management contractor for at least a required number of years prior to the Bid submission deadline with activity in for a required period in each year. • Specific Experience: Participated as a contractor, management contractor or subcontractor in at least a given number of similar contracts of at least a similar contract value in size over a last required number of years. Contractor’s Experience • Personnel: CV’s must meet/exceed required experience and academic qualifications for each key role. Key Personnel
  • 10. CASE STUDIES PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ • Not: - Seeking Clarification - Attending Site Visits / Pre-bid Meetings - Conducting Market Research • Late Submissions • Omission Of Required Documents • Bid Security/ Bid Securing Declaration Omissions And Modifications • Poor Quality Of Content, Presentation & Layout • Misrepresentation Of Firm / Capability • Financial Issues
  • 11. NOT: - SEEKING CLARIFICATION - ATTENDING SITE VISITS / PRE-BID MEETINGS - CONDUCTING MARKET RESEARCH PRESENTATION TITLE & DATE • Opportunities to request clarifications but must be requested, in writing, within the stipulated time frame. • Attention must be paid to procurement notices & deadlines. • Lack of understanding of the scope of work/contractual requirements results in inappropriate technical solutions and inaccurately costed bids • Lack of understanding of the building material required and the availability of the materials from the local supply chain PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
  • 12. LATE SUBMISSIONS PRESENTATION TITLE & DATE General: • Pay attention to closing time • No Flexibility with Accepting Late Bids • Procuring entity determines when it is time to open bids Hardcopies: • Bidder responsible for courier inefficiencies E-Submissions: • File Size • Bidder responsible for corrupt files/files rejected by virus/malware scan • Email Time Stamps of procuring entity – time of receipt PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
  • 13. OMISSION OF REQUIRED DOCUMENTS PRESENTATION TITLE & DATE PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ • Letter of Bid - No one owns the bid if not provided and not signed Depending on National requirements: • In case of e-submissions, carefully check datasheet requirements in relation to signing since not all countries accept digitally inserted e-signatures Certificates: • Articles of Incorporation or Documents of Constitution, and documents of registration of the legal entity" and "organizational chart, a list of Board of Directors, and the beneficial ownership Non-Bank Financed / National Requirements: • National Insurance documents (good standing) • Inland Revenue documents (good standing)
  • 14. BID SECURITY/ BID SECURING DECLARATION OMISSIONS AND MODIFICATIONS PRESENTATION TITLE & DATE • Submit what is requested by the procuring entity • Making changes to the standard templates in bidding document • Using another template other than the standard templates provided in the bidding document • Name of Bidder in Letter of Bid must match the Bid Security/ Securing Declaration form • Value of the bid security • Validity of the timeline (CDB no objection, cabinet no objection, acceptance). PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
  • 15. POOR QUALITY OF CONTENT, PRESENTATION & LAYOUT PRESENTATION TITLE & DATE • When preparing a bid, details should be as accurate and precise as possible to prevent further delaying the bid evaluation process • Common Presentation Shortcomings: - No Labels - Illegible Fonts - Faint Ink - Chaotic Layout - Lack of Table of Contents Page • Lack of project specific information provided in the bidder’s technical proposal (generic copy and paste submissions) PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
  • 16. MISREPRESENTATION OF FIRM / CAPABILITY PRESENTATION TITLE & DATE • Bidding while sanctioned by a relevant Multilateral Development Bank / UN Security Council. • Committing any Prohibited Practices or not declaring a Conflict of Interest under the procurement process in question. • Key personnel mispresenting their experience /qualifications or not actually being available/aware CV even being used. • Claiming a larger aspect/responsibility in a project for "experience.“ • Claiming financials from "sister" firms/subsidiaries. PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
  • 17. FINANCIAL ISSUES PRESENTATION TITLE & DATE • Contractor not pricing items in the BOQ • Understanding the threshold of an abnormally low bid • Stipulating that pricing is subject to adjustment where bidding document says otherwise • Offering in a currency other than that permitted PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​
  • 18. For more resources see: CDB: www.caribank.org/work-with- us/procurement Guidance Notes: - Guidance Note: Bid Evaluatio n for Goods, Works and Non- Consulting Services - Guidance Note: Assessment of Abnormally Low Bids for Works Contracts PROCUREMENT FAIR | SAINT LUCIA | SEPTEMBER 4 & 5, 2024​ ​

Editor's Notes

  • #7: Example: Engineers forgetting to sign
  • #11: Any issues should be brought up, in writing, as soon as possible. Extensions are possible.
  • #16: Also includes misrepresentation of technical capacity. Technical evaluations
  • #17: Link to site visit slide List the low bid guidelines