(b) None of the following precludes the use of sealed two-stage tenders: For most projects, it is recommended that the local government submit the PS&E in multiple phases of the project, reflecting the 30%, 60% and 90% completion phases, in order to obtain approval from TxDOT (and FHWA, if required) during the development of the design aspects of the project. TxDOT may allow fewer submissions for less complex projects. Tender documents include plans, specifications and specifications (PS&E) designed to describe all elements of a construction project and become the contract between the local government and the selected contractor. (3) clearly indicate that the tenderer must comply with its specifications and technical proposal; (g) If a technical proposal is found to be unacceptable (initially or after clarification), the procuring entity shall immediately inform the tenderer of the basis for the decision and that no revision of the proposal will be envisaged. On written request, the contracting authority interviews the unsuccessful tenderers (see 15.505 and 15.506). (1) In the case of contracts awarded by sealed tendering, the contractor shall, (2) In exceptional cases, the person responsible for procurement activities may refrain from including the clause in a contract with a foreign government or an agency of that government. Exemptions and the reasons for granting them must be made in writing. (1) In the case of a contract award by sealed tender, the contracting authority shall insert clause under 52.214-27, Price Reduction for Defective Certified Costs or Price Data Changes – Sealed Bids, in Bids and Contracts if the contract value is likely to exceed the threshold for the submission of certified cost or price data less than 15.403-4(a)(1). Two-stage sealed tenders are a combination of competitive procedures aimed at taking advantage of the sealed tender when adequate specifications are not available. The objective is to enable the development of a sufficiently descriptive and not overly restrictive presentation of government requirements, including an appropriate set of technical data, so that subsequent acquisitions can be made through conventional sealed tenders. This method is particularly useful for acquisitions that require technical proposals, especially for complex items. It is carried out in two stages: (2) In which the government sets a minimum period of acceptance. 3.
Where several contracts are awarded in the same invitation to tender, the separate procurement documents shall be numbered and executed accordingly. 14.404-1 Cancellation of invitations after opening. (a) 1. Respect for the integrity of the tendering system requires that, once tenders are opened, the contract be awarded to the responsible tenderer who submitted the lowest tender, unless there is a compelling reason to reject all tenders and cancel the invitation. 2. Every effort shall be made to anticipate changes to a requirement before the date of initiation of the investigation and to inform all potential tenderers of any resulting changes or cancellations. This allows bidders to modify their bids and avoid unnecessarily compromising bid prices. (3) As a general rule, an invitation to tender should not be cancelled and a new invitation to tender should be issued after tenders have been opened solely because of increased requirements for the goods to be purchased. The contract should be awarded at the time of the first invitation to tender and the additional quantity should be treated as a new purchase.
b) If it is found before award but after opening that the requirements of 11.201 (in terms of availability and identification of specifications) are not met, the application will be cancelled. (d) In the event of administrative difficulties arising after the opening of tenders which could delay the award beyond the deadlines for acceptance of tenderers, the individual lowest tenderers whose tenders have not yet expired (irrespective of the acceptance period specified in the tender) should be invited in writing before the expiry of their tenders to extend the deadline for acceptance of tenders (possibly with the agreement of the guarantors) in order to avoid a New call for tenders. (e) In certain circumstances, completion of the acquisition may be appropriate after the cancellation of the offer. 1. Where the invitation to tender has been cancelled for the reasons referred to in point (c)(6), (7) or (8) of this Subsection and where the Head of the Agency has authorised the completion of the acquisition by negotiation when determining the matter referred to in point (c) of this Subsection, the contractor shall proceed in accordance with point (f) of this Subsection.