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Whether the procuring entity may proceed to contracting a bidder to provide an alternative product which was not previously included in the tender exercise.
I. Whether a consultant who designed a solution may participate in the downstream tender exercise for the implementation of the CRM; and
II. Whether the unsuccessful bidders from the consultancy services for the CRM procurement process are permitted to participate in the downstream tender exercise for the implementation of the CRM, with the successful bidder being excluded.
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Therefore, the procuring entity is required to provide bidders with information relating to their technical scores in the manner outlined in the issued bidding document, and in accordance with GoJ’s procurement rules.
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A Procuring Entity (PE) sought guidance as follows:
I. Whether there is an established policy or procedure concerning the exclusion of suppliers who had a previously terminated contract due to non-performance; and
II. Whether there is an allowable timeframe for exclusion suppliers from future procurement proceedings.
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Whether a bidder may be disqualified from a procurement proceeding on mandatory grounds where the bidder’s past impropriety in the handling of money
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I. The threshold value where TCL is required; and
II. The threshold values where PPC registration is required.
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All bidders are required to be tax compliant at the time of bid submission where the NCB procurement method is utilised. Please see Regulation17 of the Public Procurement Regulations, 2018 for reference.
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Whether the TCL requirement may be required at the time of contract award instead of at the time of bid submission for procurement activities where GoJ funding is being utilised.
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1. It is recognised that the existing legislation upon literal interpretation, requires bidders for all procurement contracts regardless of value, to demonstrate tax compliance save in circumstances expressed in Regulation 17.
2. However, this Ministry’s policy is to require demonstration of eligibility only for contracts valued in excess of the single-source thresholds now appearing in the First Schedule to The Regulations.
3. The PE should note that the thresholds/values outlined in the First Schedule of the Regulations replace those values contained in the previous Circulars and the Government of Jamaica Handbook for Public Sector Procurement Procedures. Notwithstanding, the procedures contained therein are still in effect.
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