3.2.41 In evaluating basic compliance, the GPE may be left with a limited number of complying tenders, i.e. two or fewer complying tenders. The GPE will need to make a decision whether it wishes to continue with the evaluation process or re-tender.
3.2.42 If the GPE wishes to recommence the tender process, the relevant Tender Approving Authority's approval has to be obtained. Generally, if none of the tenders can comply with the requirements of the ITT, the GPE should cancel the tender process and re-tender with revised specifications, terms and conditions, where applicable. However, such situations with its commensurate abortive bidding costs incurred by the bidders and the GPE can be avoided if the GPE has in the first instance conducted its due diligence, such as in structuring a robust PPP contract, conducting market testing before issuing the prequalification tender and allowing market feedback sessions by potential bidders during the PPP tender process.
3.2.43 Any clarification of proposals submitted by the bidders during the evaluation process must be documented by the GPE, including the need for clarification, reasons and the potential effect on other bidders. The clarification notice must be forwarded to the bidder in writing and a reasonable time frame must be set for provision of an answer. The response should be in writing and within the specified time.