(1) The procuring entity may, where bidders have not been pre-qualified, determine whether the bidder whose bid or proposal has been determined to offer lowest evaluated bid in the case of procurement or the highest evaluated bid in the case of disposal of public assets by bid, has the capacity, capability and resources to carry out effectively the contract as offered in the bid before communicating the award decision.
(2) The post qualification criteria shall itself be laid out in the bidding documents and if the bidder fails to meet any of these criteria, the bid shall be rejected and the procuring entity shall make a similar determination for the next lowest evaluated bid in the case of procurement and next highest bid in the case of disposal of public asset by bidder.
(3) A procuring entity may require a bidder who has submitted a lowest evaluated bid in the case of procurement or highest evaluated bid in the case of disposal of public asset by bid to demonstrate again its qualifications before the award of contract is confirmed.
(4) The criteria and procedures to be used in sub-section (3) shall be the same as those used in the pre-qualification proceedings set out in section 16 of this Act and shall be specified in the bidding documents prepared by the procuring entity.
(5) The procuring entity shall, where bidder with the lowest or highest evaluated bid fails to post-qualify, reject its bid and select the next lowest or highest evaluated bid from the remaining bids, provided the procuring entity has a right to reject all remaining bids in accordance with section 24.