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Public Procurement Legal and Regulatory Framework

Public procurement is the organized process of acquiring goods, works and services by public sector organizations, usually through contracts. Public procurement legal and regulatory framework (also called the procurement rules) in a country includes the constitution of the country, national procurement policies/laws, regulations, organizational procurement policies and the standard bidding documents.

What is Procurement Legal and Regulatory Framework?

Procurement legal and regulatory framework refers to the policies, laws, guidelines or regulations that govern procurement in an organization. Every organization (public sector, private sector or third sector entities) have some rules governing the acquisition of goods, works and services to ensure fulfillment of its goals. When we speak of public procurement legal and regulatory framework, we mean the set of laws, regulations, and policies that govern the implementation of the procedures and processes necessary to acquire goods, works and services of public sector organizations.

Price Reasonableness Analysis: A Bid Evaluation Stage in Public and Project Procurement

Aaron K.D. Cholopray 2 Comments

Price analysis can be considered a stage of bid evaluation depending on the provisions of a legal and regulatory framework. It is an assessment of the evaluated price of a responsive bid to ascertain that it is not unreasonably high nor unreasonably low, but fair enough to the procuring entity and the supplier. In the Millennium Challenge Corporation (MCC) Program Procurement Guidelines (PPG) and the accompanying MCC Procurement Guidance Note: Price-Reasonableness Analysis (MCC-PGN-PRA) used by Millennium Challenge Accounts (MCAs) around the world, price analysis is a mandatory requirement during bid evaluation. After bid evaluation, the Procurement Agent does a price reasonableness analysis to determine if the price is reasonable. The price reasonableness analysis may be included in the evaluation report or documented separately and referenced in the evaluation report. The unreasonableness of an evaluated bid price could be described as unreasonably high or unreasonably low. If the price reasonableness analysis proves that the price of the lowest evaluated bid is unreasonable, the bid is rejected.

Understanding Bid Validity and the Bid Validity Period

Jorge Lynch Leave a Comment

1. What is bid validity?

When a bidder submits a bid or proposal in response to an invitation for bids or a request for proposals, they need to commit to their bid (this is done on the bid or proposal submission form) and also to how long the bid/proposal can be considered effective (this is what is commonly called the bid or proposal validity period). For the sake of simplicity and to avoid unnecessary repetition, we will refer from this point forward only to “bid validity”, but it must be understood that we are referring to the validity of a bidder’s offer, be it a bid or a proposal.
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The Bid Evaluation Process

Aaron K.D. Cholopray 5 Comments

As the field of Procurement is still evolving and scholars don’t seem to subscribe to universal definition of concepts such as what constitute the procurement cycle, this article does not make reference to any textbook or academic publication. It is based on years of experience from practicing Public and Project Procurement and takes into consideration bid evaluation procedures and practices applicable under several Public and Project Procurement legal and regulatory frameworks.

Definition of Bid Evaluation

Bid evaluation is the organized process of examining and comparing bids to select the best offer in an effort to acquire goods, works and services necessary to achieve the goals of an organization. The best offer recommended as a result of bid evaluation is referred to as the lowest responsive evaluated bid. It may also be called the most economically advantageous tender (MEAT).
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Bid Security and Bid Securing Declaration: Similarities and Differences

Jorge Lynch 14 Comments

During the bidding process, it is customary to require interested bidders to provide a bid security or bid securing declaration along with their bid. This may be necessary in order for the procuring entity to have a certain degree of assurance that bidders would be discouraged from withdrawing their bid or refusing to sign the contract if they are selected for contract award.

What is a bid security?

A bid security is a monetary guarantee intended to dissuade bidders from withdrawing their bids before the end of the bid validity period because they would otherwise forfeit the bid security amount to the procuring entity. A bid security may be a fixed monetary sum or a percentage of the bid price, usually less than 5%. The format and amount should be stipulated in the governing procurement rules and clearly stated in the bidding documents.

7 Secrets to Quicky Become Proficient in Public Procurement

Jorge Lynch 10 Comments

Introduction

Many of us begin working as newly appointed public procurement practitioners with no idea of what to do or where to start. And it may take several years before we develop a system for being more efficient and effective in our work. Over the years, I’ve come to the conclusion that to quickly achieve proficiency in public procurement management, there are seven things you need to do.

1. Study the Public Procurement Rules

Most public procurement organizations are governed by a legal framework (procurement rules) consisting of a procurement law or regulation (sometimes called “the Act”). This is further developed into policies and procedures, procurement and contract administration manuals and guidelines, including standard bidding documents which are used for inviting bids and proposals. The language of public procurement policies, procedures, guidelines, manuals and standard bidding documents must align with what is stipulated in the public procurement legal framework. Adherence to the public procurement rules is obligatory and infractions are punishable by law. [Read more…] about 7 Secrets to Quicky Become Proficient in Public Procurement