58. Rejection of All Tenders 59, Informing Reasons for Rejection 872 573 574 575 576 58.4 582 58.3 584 58.5 594 The TEC shall contact the references given by Tenderers about their previous Supply experiences to verity if necessary, statements made by them in their Tender and to ‘obtain the most up-to-date information conceming the Tenderers, The TEC may visit the premises of the Tenderer as a part of the post-qualication process, if practical and appropriate, to verify information contained in ts Tender. The TEC shall determine to its satistaction whether the Tenderer that is selected as having submitted the lowest evaluated responsive Tender is qualified to perform the Contract satisfactorily The objective of any visit under ITT Sub-Clause 57.3 shall be limited to a general and visual inspection of the Tenderers facities and its plant and equipment, and there shall be no discussion conceming the Tender or its evaluation with the Tenderer during such visits). In the event that the Tenderer with lowest evaluated cost fails the post qualification, the TEC shall make a similar determination for the Tenderer offering the next lowest evaluated ‘cost and so on from the remaining responsive Tenders, provided that, (@) such action shall only be taken if the evaluated costs of the Tenders under Consideration are acceptable to the Purchaser; (b) when the point is reached whereby the evaluated costs of the remaining responsive Tenders are significantly higher than that of the offical estimate, or the market price, the Purchaser may take action pursuant to Rule 33 and may proceed for re-Tendering, using a revised Tender Document designed to achieve a more successful resut ‘The Purchaser may, inthe citcumstances as stated under ITT Sub-Clause 58.2 and pursuant fo Rule 33 of the Public Procurement Rules 2008, rect all Tenders following recommendations ‘rom the Evaluation Committee only ater the approval of such recommendations by the Head of the Purchaser. ‘All Tenders can be rejected, if- (@) the price of the lowest evaluated Tender exceeds the oficial estimate, provided the estimate is realistic; or (b) there is evidence of lack of effective ‘competition; such as non-participation by a ‘number of potential Tenderers; or (©) the Tenderers are unable to propose completion of the delivery within the stipulated time in its offer, though the stipulated time is reasonable and realistic; or (d) all Tenders are non-responsive; or (e) evidence of professional misconduct, affecting seriously the Procurement process, is established pursuant to Rule 127 of the Public Procurement Rules, 2008. "Notwithstanding anything contained in ITT Sub-Clause 58.2 Tenders may not be rejected i the lowest evaluated price sin conformity wit the market pce, ‘A Purchaser may pursuant to Rule 35 of the Public Procurement Rules, 2008, on justifiable grounds, annul the Procurement proceedings prior to the deadline for the submission of Tenders. ‘Al Tenders received by the Purchaser shall be returned unopened tothe Tenderers in the event Procurement proceedings are annuled under ITT Sub-Cicuse 68.4. "Nofice ofthe rejection, pursuant to Rule 35 of the Pubic Procurement Rules, 2008, willbe given ‘promptly within seven (7) days of decsion taken by the Purchaser to all Tenderers and, the Purchaser wil, upon receipt ofa written request, communicate to any Tenderer the reason(s) for its rejection butis not required to justify those reason(s), & Fe ee 21