(1)A Procuring Entity may invoke the multi-stage tendering process in cases where:(a)The Procuring Entity assesses that discussions with tenderers are needed to refine aspects of the description of the subject matter of the procurement and to formulate them with precision in order to allow the Procuring Entity to obtain the most satisfactory solution to its procurement needs; or(b)the successful tenderer is expected to carry out a detailed survey or investigation and undertake a comprehensive assessment of risks, costs and obligations associated with the particular procurement; and(c)in any other case for reasons to be recorded in writing.(2)Where the Procuring Entity invokes the multi-stage tendering process, the Tender Inviting Authority shall call for initial submissions containing their applications or proposals without a financial bid, containing the following items, namely:-(a)proposals relating to the technical, quality or performance characteristics of the subject matter of the procurement;(b)contractual terms and conditions of supply:(c)where relevant, the professional and technical competence, experience and qualifications of the tenderers.(3)The Tender Accepting Authority may, in the first stage, engage in discussions with eligible tenderers concerning any aspect of their initial proposals:Provided that when the Tender Accepting Authority engages in discussions with any tenderer, it shall extend equal opportunity to all eligible tenderers to participate in discussions.(4)At the conclusion of the first stage, the Tender Accepting Authority shall pre-qualify the tenderers that fulfill the eligibility criteria, and promptly notify each tenderer whether or not it has been pre-qualified and shall upon request communicate to the tenderers that have not been pre-qualified the reasons therefor:Provided that if the Tender Accepting Authority is of the view that the number of pre-qualified Tenderers is too small to have an effective competition, the authority may decide not to proceed further with the Tender.(5)In the second stage, the Tender Accepting Authority shall invite financial tenders from the pre-qualified and short-listed tenderers.(6)The final tenders received under sub-rule (5) shall be evaluated in order to ascertain the lowest evaluated tenderer in accordance with these rules.]
