|1.||Can tender specifications be objected to by the tenderer?|
|Tenderers may make an objection to a tender specifications deemed unfair or lead to a model or brand. Objections can be made within 14 days from the date of the tender document being sold for a local tender and within 28 days for an international tender.|
|2.||How long is the validity period of a tender?|
|The minimum validity period of a tender is 90 days from the date the offer is closed. Agencies must plan so that the decision and the offer can be made in the tender validity period. A long validity period of time may result in a higher price offered.|
|3.||Why some tenders were not won by the tenderer offering the lowest price?|
|There is no doubt that in some circumstances a tender was not won by the tenderer offering the lowest price. This is because apart from the price factor, several other criteria are also taken into account. Among them are that the offer made met the prescribed specifications, the ability of the tenderer to meet contractual obligations, financial position, experience and so forth. Therefore, the tenderer offering the lowest price does not necessarily mean it is chosen if the bid does not meet the selected evaluation criteria set.|
|4.||Can a call for local tender that has been advertised for a period of 21 days be extended due to complexity such as those involving the development of computer systems and also at the request of the tenderers?|
|The minimum period of notice for local tender is for 21 days, but a longer period is encouraged to tenders such as those involving complex systems. For tenders have already been advertised, the closing date of the tender offered may be extended and advertised back the new tender closing date. All tenderers who have purchased the tender documents shall also be informed of the extension period. To avoid further extension date in the future, planning is required and the appropriate period specified in the original invitation.|
|5.||You have invited for a tender to build a store outside the office in your department area. After opening the tender, it was found there were 11 bids. The highest bid was 499,800 and the lowest bid was 499,000. Can these offerings can be considered by the Quotations Committee or only the Procurement Board may consider?|
|Offer shall be considered by the Procurement Board as the tender has been invited. However, if the Procurement Board refers these offerings to the Quotations Committee, the Quotations Committee may consider it.|
|6.||What is the minimum notice period for local and international tenders?|
|For local tenders, the closing date shall be at least 21 days from the date of the tender document made available for sale. If the tender involves briefing/tour sites/premises, at least 21 days from the date of the briefing/visit to the sites/premises whichever is the later.
For international tenders, the closing date shall be at least 56 days from the date of the tender document made available for sale. If the tender involves briefing/tour sites/premises, at least 56 days from the date of the briefing/visit the sites/premises whichever is the later.
|7.||Is the minimum of 7 days for a quotation and 21 days for a tender calculated on consecutive days or working days?|
|The period shall be calculated on consecutive days.|
|8.||What are the rules on the advertising of tenders?|
|Local tenders are to be advertised in at least (1) major Malay daily newspaper. While the international tenders are to be advertised in at least two (2) main daily newspaper, namely (1) Malay newspaper and (1) English newspaper. Agencies must also include a copy of the advertised tender statement on the Agency’s website and linked (hyperlink) to MyGovernment Portal website [www.malaysia.gov.my].
For works tender, the Agency is also required to include an online advertisement at the website of Construction Industry Development Board Malaysia (CIDB).
|9.||What information should be included in the tender advertisement?|
|Information that should be includes the information on the department that calls for the tender, tender title, tenderer eligiblity conditions, place, date and time of the sale of documents, price of documents, payments, how and to whom payment is made, place, date and time to receive and close the tender and the date of site visits, if applicable.|
|10.||What steps should be taken during the sale of tender documents?
|(a)||Provide sufficient copies of the tender documents. All tender documents serial control number should be noted;|
|(b)||Online review of the company's registration certificate with the Ministry of Finance through the eProcurement system (www.eperolehan.gov.my) / PKK; and|
|(c)||Keep all the details of the sale together with the serial number of the document, companies that purchase, the date and amount of the payment and receipt number issued.|
|11.||Who can open a tender?
|Tender shall be opened by the Tender Opening Committee, comprising of 2 persons. One of them has to be an officer of the Management and Professional Group. Appointment of Tender Opening Committee shall be made in writing by the Head of Department.|
|12.||What are the necessary preparations to accept the tender offers?|
|(i)||Prepare the tender box;|
|(ii)||Place the tender box in a suitable place making it easy to put the offer;|
|(iii)||Ensure the tender box safety;|
|(iv)||Label the tender box with the tender number, tender description, closing date and time;|
|(v)||The tender box shall have two keys held by two (2) separate officers; and|
|(vi)||Place all bids received in the tender box.|
|13.||What are the duties of the Tender Opening Committee?|
|(a)||Opening the tender box at the date and time specified in the letter of appointment;|
|(b)||Provide identification code number for each bid;|
|(c)||Record the identification code number on each tender sheet;|
|(d)||A brief signature on each sheet that contains the price and amendments;|
|(e)||Create a Checklist for reviewing the documents accompanying the offer;|
|(f)||Record on the tender form the date and time of opening bids and sign the form;|
|(g)||Provide two tables. One table contains the count number, tenderer code, tenderer name, bid price, delivery/completion period and another table contains the count number, tenderer code, bid price and the delivery/completion period;|
|(h)||Submit all the bid documents and tender schedule to the tender secretariat.|
|14.||Who can appoint members of the Technical Evaluation Committee?|
|The Technical Evaluation Committee shall be appointed by the Head of Agency and its members consists of any public officials who are competent and capable/qualified to evaluate the relevant tender.|
|15.||Can evaluation be made by way of circulation?
|No. Assessment shall be made in a meeting.|
|16.||Can a decision be made by the majority of the Procurement Board?
|No. All decisions of the Procurement Board shall be unanimous. For non-unanimous, the relevant tender shall be submitted to the Ministry of Finance for consideration and decision.|
|17.||An open tender was invited for the purchase of a machine. After the tender is closed, there is only one offer. Can that offer be recommended to the Procurement Board?|
|Yes, provided that the machine meets the specifications and passed the assessment. In terms of invitation for tenders, the purchase of the machine through open tender has been implemented in a transparent manner in accordance with the principles of procurement. However, if the machine offered does not meet specifications or do not pass the designated assessment, the tender shall be reinvited.|
|18.||Should a Letter of Intent be issued to all procurement by tender?
|Not necessary. If the bid is wholly accepted without any amendment, a Letter of Acceptance can directly be issued.|
|19.||In what situation can restricted tender be invited and what are the conditions and which authorities can consider and decide on a restricted tender?|
|Restricted tenders are allowed for procurement in the following:-|
|(a)||Procurement of supplies/services/works worth up to RM5 million, the selection of the company/contractor must be approved by the Agency’s Procurement Board A from among at least 10 companies/local Bumiputera contractors registered with the Ministry of Finance for the tender of supplies/services and the PKK and LPIPM/CIDB for works tender not exceeding RM5 million.|
|(b)||Procurement of supplies/services/works worth up to RM10 million, the selection of company/contractor must be approved by the Agency’s Procurement Board A from among at least 10 companies/local contractors registered with the Ministry of Finance for supplies/services and the PKK and LPIPM/CIDB for works tender exceeding RM5 million to RM10 million.|
|(c)||For supply tenders, the Agency shall invite tenders among manufacturers and in the absence of manufacturer, suppliers may be invited. Tenders cannot be invited among manufacturers and suppliers together. If the number of manufacturers/suppliers are not within a minimum number, then the invitation should be made among the manufacturers/suppliers concerned. For works tender, if the number of local contractors are not enough it can be opened to contractors in the nearby states/districts.|
|Before an agency invites for a restricted tender, the Agency shall prepare a paper to the Agency’s Procurement Board A for consideration:-|
|(a)||approve the application for restricted tenders; and|
|(b)||list of contractors who will be invited to participate in the restricted tender.|
|Once approval is obtained from the Procurement Board A, restricted tender may be invited. Consideration and decisions can be made by Procurement Board A.
For a restricted tender proposal in excess of RM10 million, the Agency shall apply to the Ministry of Finance to provide justification for inviting restricted tenders and proposed a list of contractors to be invited.
|20.||Can the tenderer bid price be corrected by the tenderer after the tender is closed?|
In principle, the corrected offer price after the closing of tender is unacceptable. All tenderers have been given sufficient time to submit their bids and they should be more careful when registering any price in the tender offer document.
In addition, the Schedule of Price has been signed by a commissioned officer and it is his responsibility to ensure that prices are recorded correctly. In accordance with the principles and rules of Government procurement, correction of bid price shall be rejected and the tender shall be based on the offer price of the original tender
|21.||What is the minimum closing period for a restricted tender?|
|22.||Can the decision of the Procurement Board be made by circulation?|
|The Procurement Board shall meet/sit and the decision by circulation is not allowed except for procurement by eBidding.|
|23.||What is the period for tender evaluation?|
|Tender evaluation process shall be implemented as far as possible not exceeding a period of thirty (30) days from the date of the offered tender submitted to the Evaluation Committee.|
|24.||What are the procedures to be followed to cancel a tender?|
|Before cancelling a tender approval from the Chairman of the Procurement Board shall first be obtained. Upon approval by the Chairman of the Procurement Board the tender may be cancelled. Cancellation of the tender shall be notified to the Procurement Board, stating the reasons for cancellation.|
|25.||What is the difference between an open and a restricted tender?
|Restricted tender process is as an open tender process and restricted tender documents are as open tender documents. For the restricted tender, specifications are to be provided (by establishing a specifications committee), the tender documents prepared, tender documents sold, offers received and the tender is closed (the period is 21 days), tenders are evaluated and decision made by the Procurement Board. The difference between an open and a restricted tender is that only open tenders must be advertised in newspapers and restricted tenders need not be advertised.
For restricted tenders a Consideration Paper shall be prepared to the Procurement Board for:-
|(a)||seeking approval to invite a restricted tender with justifications for a restricted tender; and|
|(b)||proposing a list of proposed invited suppliers/contractors (10 Bumiputera suppliers for the value of up to RM5 million - refer to the SPP No.9 of 2009 para 11.1. Refer also para 11.3).|
|Upon approval by the Procurement Board (for restricted tender and 10 proposed suppliers invited), restricted tender may invite 10 concerned suppliers to purchase the tender documents and submitting bids and subsequently processed as an open tender offer. All the restricted tenders shall be decided by the Agency’s Procurement Board 'A' (para 11.3 SPP 9/2009).|