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Rule 27:
Treatment of responses

Primary requirement

  1. Agencies must treat all suppliers’ responses fairly.

Application

  1. Agencies must have in place procedures that guarantee that all suppliers’ responses are treated fairly. This includes receiving, opening and evaluating responses.
  2. To be considered for an award of contract, a supplier must:
    1. Submit its response in writing, unless an agency has agreed to accept an oral response
    2. Comply with all pre-conditions (Rule 14) if any, or other conditions for participating in the contract opportunity.
  3. If an agency has agreed to accept an oral response it must:
    1. maintain an accurate record of the response
    2. evaluate oral responses against the same criteria as written responses.

More information

Maintaining a record of an oral response

It’s up to the agency and supplier to decide how to record an oral response. However, the record will need to accurately reflect the supplier’s response, to ensure the agency can demonstrate adequate probity.

Late responses and correcting errors

An agency should not penalise a supplier who submits a late response, if the delay has been caused by the agency.

If, after opening the responses but before completing the evaluation, an agency offers a supplier the opportunity to correct unintentional errors, it should offer the same opportunity to all participating suppliers.

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