The aim of the Procurement Oversight Unit is to ensure compliance to procedures and instructions as laid out in the Public Procurement Act of 2008 and the Public Procurement Regulations of 2014 by the various stakeholders and promote the fundamental principles of;
- fairness and;
In the public procurement procedures as well as the principle of best value for money in government expenditures.
Procurement is defined as the acquisition by purchase, lease, tenancy, hire purchase, license, franchise or by any other contractual means of any type of works, assets, services or goods including livestock or any combination thereof by a Public Body.
Public Procurement is defined as the acquisition of external resources (such as goods, works or services) using public funds.
A Procuring Entity means a Public Body that is undertaking public procurement in accordance with the Public Procurement Act and Regulations.
A Public Body means a Ministry or other agency of the Government or any other body or unit established and mandated by the Government, to carry out procurement using public funds.
A Bid is an offer by a Bidder to provide goods, works or services in response to an invitation from a Procuring Entity.
A bidder is a person or group of persons that offer to provide goods, works or services in response to an invitation from a procuring entity.
An Award/Approval Authority means the body or individual with power to grant authorization of certain key steps in the procurement process. In the context of Seychelles the award/approval authorities are as follows:
- National Tender Board
- Procurement Committee for Civil Works
- Procurement Committee for Goods and Services
- Procurement Committee for the Public Utilities Corporation
- Procurement Committee for Consultancy Services
- Procurement Committee for landscape and Waste Management
- Procurement Committee for Disaster related cases
An Evaluation Committee is a committee set up within a Procuring Entity, which comprises of not less than three (3) members which is responsible for the evaluation of tenders, proposals or quotations as received, and the preparation of evaluation reports for submission to the relevant approvals authority.
Contract award is determined upon submission of the Evaluation Reports to the respective approvals authorities. The approval authority which will deliberate on the reports and which will take the decision to award the contract will depend on the proposed contract amount, as follows:
|Approved By:||Head Of Organization (CEO/PS)||Independent Procurement Committees||National Tender Board|
|Types||Amount In SR||Amount In SR||Amount In SR|
|Civil Works||Up to 150,000.00||between150,000.00 and 750,000.00||Above 750,000.00|
|Goods & Services||Up to 150,000.00||between150,000.00 and 750,000.00||Above 750,000.00|
|Consultancies||Up to 50,000.00||between 50,000.00 tand 150,000.00||Above 150,000.00|
Q13. How Can I Gain Access To Further Information With Regards To The Advertised Invitation To Tender?
Further information with regards to the Invitation to Tender can be obtained from the Procuring Entity which has advertised the Tender. Contact details are included in the invitation to tender document.
Bidding document/dossier means any document issued by a Public Body on the basis of which bidders prepare bids. This document/dossier contains Instructions to Bidders, Specifications, Maps, Designs, Terms of Reference, Work Schedules, Evaluation Criteria, Bills of Quantities, Conditions of Contract and other similar items.
The Bidding Document/Dossier can be obtained from the Procuring Entity who has advertised the Invitation to Tender.
Yes, there is a fee applicable to obtain the Bidding Document/Dossier and it is non-refundable. However, the fee may differ for some tenders. The fee will be indicated on the advertised Invitation to Tender.
Yes, you may view the document before purchasing.
BEFORE SUBMITTING A BID
All relevant information with regards to submission of bids can be obtained from the Instruction to Bidders document from the Bidding Document/Dossier.
An Instruction to Bidders is the document which entails all the details (including all the relevant documents to be submitted) which would ensure that the bid from a bidder is responsive to all the criteria’s set by the Procuring Entity undertaking the tender.
This is an instrument of fixed value which is required to ensure that a bid remains valid during the period stated in the Bidding Document (more specifically in the Instruction to Bidders). Failure to maintain the bid validity, the Bid Security shall be forfeited.
Bid Security can be in the format as provided by the Procuring Entity in the Bidding Document/Dossier but it should be signed and stamped by a reputable and acceptable financial institution (Bank or Insurance Company). Banker’s certified cheques, stand-by letter of credit or payable order are also acceptable.
This will be indicated in the Instruction to Bidders document.
A Form of Tender/Bid is the document for which you as a Bidder have to sign to indicate that you have well understood the Terms and Conditions of the Tender and that you will abide to the bid price submitted for the duration of the Bid Validity period.
A Performance Guarantee/Security is security/guarantee to secure the successful supplier’s/contractors’ obligation to fulfill a contract. This shall apply for all goods, works and non-consultancy service’s contract. This is expressed as a fixed amount or between 5-10% of the contract value. The Performance Security/Guarantee shall be released to the supplier/contractor upon completion of all the supplier’s/contractor’s contractual obligations.
Same procedures as applicable to Bid Security. III. DURING THE SUBMISSION OF A BID
Yes, you do need to attend the Site Visit or the Pre-Bid Meeting. It is through this medium that you will be briefed on the tender and the chance to seek clarification and also access the site for the delivery of the proposed works or services. With regards to whether the Site Visit or the Pre-Bid Meeting is mandatory; that will be at the Procuring Entity’s discretion. However, it is advisable, that a bidder pays close attention to the Instruction to Bidders concerning Site Visit/Pre-Bid Meetings. If it says, the Site Visit/Pre-Bid Meeting is mandatory, and then you have no other choice but to attend.
The Pre-Bid Meeting/Site Visit is held during the early stage of the bidding period to enable bidders to take into account the information gathered at the Pre-Bid Meeting/Site Visit for the preparation of their bids. Minutes of any Site-Visit/Pre-Bid Meeting shall be compiled by the Procuring Entity and be sent to all bidders to whom the bidding documents have been issued.
Yes, it can be amended but by the Procuring Entity ONLY. Bidders are not allowed to make any changes to the Bidding Document/Dossiers purchased. Amendments can be made through issuance of Addendums.
The deadlines for submission of bid can be viewed on the advertised Invitation to Tender, in the Instruction to Bidders or the Addendum as the case may be. The minimum bidding period for local tenders is two (2) weeks from the date the advert is published and eight (8) weeks for international tenders.
Your bids are to be submitted in the Tender Box located at the National Tender Board Secretariat, Maison de Mahé, Victoria, Mahé, Seychelles. Follow this link; https://www.google.com/maps/place/Mah%C3%A9+Trading+Bldg,+Seychelles/@-4.623028,55.4519308,20z/data=!4m2!3m1!1s0x22e029ab8fc69959:0xa25308b6563f909d The entrance to the National Tender Board Secretariat is between Trendy Boutique and the African Jewels Shop and faces The Import Permit Office, Liberty House.
Time and date will be indicated on the advertised Invitation to Tender, in the Instruction to Bidders or the Addendum as the case may be.
Q32. I Have Submitted My Bid In The Tender Box And Now I Wish To Withdraw My Participation Or Modify Or Substitute My Bid. What Do I Do?
Prior to the deadline of the bid opening, you will need to submit your withdrawal, modification or substitution bid in the same tender box. However, you will need to label your envelopes, be it WITHDRAWAL, MODIFICATION and SUBSITITUTION. The Instruction to Bidders will contain detailed information of how to go about with the above. Should the bid have required a Bid Security, engaging in the above will not lead to the forfeiture of such security.
Yes, you are welcome to attend the Bid Opening.
Q34. I Am One (1) Minute Late From The Time The Tender Is Closed. Will I Get A Chance To Submit My Bid?
No, you will not. Closing/Opening of Bid is very strict. Ensure that your Bid is submitted any time prior to the Bid Opening/Closing.
AFTER THE SUBMISSION OF A BID
The Procuring Entity who launched the tender will let you know whether your Bid has been successful. This is usually within twenty-one (21) days from the date of the Tender Opening. You will be informed of the Tender outcome through a letter which shall indicate the procurement description/reference number, the bidder who has been recommended for the award of the contract, the proposed contract price and your right to submit an application for review of the decision taken.
It means that you as the bidder, your bid have been recommended for the award of contract. However, it does not mean that the contract is guaranteed. You will have to wait for ten (10) working days until the Procuring Entity gives you a final letter of acceptance. The ten (10) working days is to allow other participating bidders a chance for review of the decision.
As the disclaimer mentions at the bottom of the Invitation to Tender advert and also in the Instruction to Bidders, “A Procuring Entity reserves the Right not to accept the lowest Bid or any Bid at All”. When determining who gets awarded the contract, other factors are taken into consideration such as compliance to the tender requirements. Therefore, to ensure that your bid is qualified, you as the Bidder, should ensure that you have complied with the Instruction to Bidders, such as signed Form of Tender, submitted Bid Security (where applicable), filled and completed Bill of Quantities etc …
Your first recourse is writing a application for challenge to the Chief Executive Officer or the Principal Secretary of the Procuring Entity within ten (10) working days from the time you were informed or became aware of the decision of the tender. This application should be accompanied by a fee of SR 300.00. The Procuring Entity shall have ten (10) working days to attend to your challenge.
Q39. I Have Received A Response With Regards To My Application For Challenge And I Am Still Not Satisfied. Do I Have Any Other Recourse As A Bidder?
Yes, you do. You can submit an application for appeal or review which is to be accompanied with a fee of SR 500.00 to the Review Panel. The address for the Review Panel is; The Chairman The Review Panel c/o Procurement Oversight Unit P.O. Box 313 1st Floor, Maison de Mahé, Victoria, Mahé Seychelles. However, in the event that an appeal has been lodged against a tender, all proceedings will be put on hold until the Review Panel has given a decision. The Review Panel has thirty (30) days from the date of the submission of an application for review to give a decision.
A Review Panel is an Independent Body which consists of the following members who is appointed by the President;
- A Chairperson,
- A representative from the Attorney General’s office,
- A representative from the Fair Trading Commission and
- A representative from a non-governmental consumer welfare organization.
In other words, the members shall have experience in legal, administrative, economics, financial, engineering, scientific or technical matters. The role of the Review Panel is to set up and organize hearings of applications of review or appeals received.
Yes, the decision of the Review Panel shall be binding on all Parties concerned, including the National Tender Board but subjected to judicial review where the parties so appeal. Sample Text