• Amendments to tender evaluation criteria after pre-qualification

    What process should be followed if you need to change evaluation criteria after PQQ stage?

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  • Answers (2)

  • Helen Mackenzie

    10/06/2019 01:12PM

    Yes I agree with Michael. If you've already published details on the evaluation criteria then stop and restart. The time this takes will be a lot less than if you're challenged and end up in court.

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    Dharmendra Singh Thanks Helen

    10/06/2019 02:24PM

    Dharmendra Singh What if re-running the tender isn't feasible due to timescales? Would this essentially be a risk-based decision? As long as it openly communicated to all bidders (those who have submitted a PQQ and those who have not), is there an option to discount any scoring applied to the PQQs, amend the criteria and republish the PQQ (but keep the wider tender the same)?

    10/06/2019 02:28PM

    Helen Mackenzie I'd be a bit reluctant to give you too specific advice here as I don't know the whole story re dates to be honest. The only thing to bear in mind is risk. The issue only becomes a problem if someone challenges the process. You would need to assess whether that would be likely. If you don't think it's a risk (ie if all those who've expressed an interest in the process or who have submitted a PQQ are ok then the risk may be one your organisation is prepared to take.

    10/06/2019 02:55PM

  • Michael Angel

    10/06/2019 12:19PM

    I am assuming you are running an OJEU tender. My advice would be to stop the process and re-start it. It's not clear how you are amending the evaluation criteria, but it would be very difficult to demonstrate how this would not be interpreted as distorting competition given amendments would materially effect the outcome of the process. You may well annoy the bidders already involved, but you will save yourself the risk of a legal challenge down the line by doing so.

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    Dharmendra Singh Thanks Michael

    10/06/2019 02:24PM

    Dharmendra Singh What if re-running the tender isn't feasible due to timescales? Would this essentially be a risk-based decision? As long as it openly communicated to all bidders (those who have submitted a PQQ and those who have not), is there an option to discount any scoring applied to the PQQs, amend the criteria and republish the PQQ (but keep the wider tender the same)?

    10/06/2019 02:28PM

    Michael Angel Essentially this would be a risk based approach you are taking. I would however strongly advise against it. Granted you face other risks a time delay will bring to the procurement process (cost, legal etc), but for the risk of potentially this being legally challenged, I would avoid it. You would have to strongly justify such changes and that for me is an impossible task.

    10/06/2019 08:23PM

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