(1) A tenders board may request the Project Owner or the Delegated
Project Owner to disqualify bids deemed abnormally low, provided that the bidder
concerned had been requested to produce written justification and such justification
having been deemed inadmissible.
(2) Requests for justification, as well as answers provided shall, among others,
relate to:
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(a) the price breakdown and content, consistency between prices and the
construction methods and/or proposed schedule;
(b) product manufacturing methods, service delivery conditions and construction
processes;
(c) the bidder’s comparative advantages or exceptionally favourable terms for the
execution of works, supply of goods or delivery of services;
(d) the originality of the project or works;
(e) measures relating to working conditions.
(3) Where the justifications provided by the bidder are deemed inadmissible, the
public contracts regulatory body shall examine them and submit its findings to the Project
Owner or the Delegated Project Owner within 7 (seven) working days, with effect from
the date of submission of the file by the Project Owner or the Delegated Project Owner.
(4) The Project Owner or the Delegated Project Owner shall consider the opinion
of the public contracts regulatory body in taking a decision.
SUB-SECTION VIII
NATIONAL PREFERENCE
Official text
Spot-checked
In force from 20 June 2018
Source page 42