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NCSCM Building Bid Document - Sicom

NCSCM Building Bid Document - Sicom

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24. Process to Be Confidential<br />

24.1 Information relating to the examination, clarification, evaluation, and comparison of <strong>Bid</strong>s and<br />

recommendations for the award of a contract shall not be disclosed to <strong>Bid</strong>ders or any other persons not<br />

officially concerned with such process until the award to the successful <strong>Bid</strong>der has been announced. Any<br />

effort by a <strong>Bid</strong>der to influence the Employer's processing of <strong>Bid</strong>s or award decisions may result in the<br />

rejection of his <strong>Bid</strong>.<br />

25. Clarification of <strong>Bid</strong>s<br />

25.1 To assist in the examination, evaluation, and comparison of <strong>Bid</strong>s, the Employer may, at his discretion, ask<br />

any <strong>Bid</strong>der for clarification of his <strong>Bid</strong>, including breakdowns of the unit rates. The request for clarification<br />

and the response shall be in writing or by cable, but no change in the price or substance of the <strong>Bid</strong> shall be<br />

sought, offered, or permitted except as required to confirm the correction of arithmetic errors discovered by<br />

the Employer in the evaluation of the <strong>Bid</strong>s in accordance with Clause 27.<br />

25.2 Subject to sub-clause 25.1, no <strong>Bid</strong>der shall contact the Employer on any matter relating to its bid from the<br />

time of the bid opening to the time the contract is awarded. If the <strong>Bid</strong>der wishes to bring additional<br />

information to the notice of the Employer, it should do so in writing.<br />

25.3 Any effort by the <strong>Bid</strong>der to influence the Employer in the Employer's bid evaluation, bid comparison or<br />

contract award decisions may result in the rejection of the <strong>Bid</strong>ders’ bid.<br />

26. Examination of <strong>Bid</strong>s and Determination of Responsiveness<br />

26.1 Prior to the detailed evaluation of <strong>Bid</strong>s, the Employer will determine whether each <strong>Bid</strong> (a) meets the<br />

eligibility criteria defined in Clause 3; (b) has been properly signed; (c) is accompanied by the required<br />

securities and; (d) is substantially responsive to the requirements of the <strong>Bid</strong>ding documents.<br />

26.2 A substantially responsive <strong>Bid</strong> is one which conforms to all the terms, conditions, and specifications of the<br />

<strong>Bid</strong>ding documents, without material deviation or reservation. A material deviation or reservation is one (a)<br />

which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any<br />

substantial way, inconsistent with the <strong>Bid</strong>ding documents, the Employer's rights or the <strong>Bid</strong>der's obligations<br />

under the Contract; or (c) whose rectification would affect unfairly the competitive position of other <strong>Bid</strong>ders<br />

presenting substantially responsive <strong>Bid</strong>s.<br />

26.3 If a <strong>Bid</strong> is not substantially responsive, it will be rejected by the Employer, and may not subsequently be<br />

made responsive by correction or withdrawal of the non-conforming deviation or reservation.<br />

27. Correction of Errors<br />

27.1 <strong>Bid</strong>s determined to be substantially responsive will be checked by the Employer for any arithmetic errors.<br />

Errors will be corrected by the Employer as follows:<br />

(a)<br />

(b)<br />

where there is a discrepancy between the rates in figures and in words, the rate in words will govern;<br />

and<br />

where there is a discrepancy between the unit and the line item total resulting from multiplying the<br />

unit rate by the quantity, the unit rate as quoted will govern.<br />

27.2 The amount stated in the <strong>Bid</strong> will be adjusted by the Employer in accordance with the above procedure for<br />

the correction of errors and, with the concurrence of the <strong>Bid</strong>der, shall be considered as binding upon the<br />

<strong>Bid</strong>der. If the <strong>Bid</strong>der does not accept the corrected amount the <strong>Bid</strong> will be rejected, and the <strong>Bid</strong> security may<br />

be forfeited in accordance with Sub-Clause 16.6 (b).<br />

28. Deleted<br />

19<br />

NCB.CW/W-2

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