50. For construction contracts and despite section 18, the Public Protector may decide to evaluate the quality of a tender by making a call for tenders in 2 stages.
The first stage consists in selecting contractors by soliciting only a quality demonstration in accordance with the evaluation conditions in Schedule 1. The second stage consists in inviting the selected contractors to submit a tender that includes only a price.
The Public Protector must specify in the tender documents the rules to be used to evaluate the quality of tenders, including the evaluation criteria.
The Public Protector awards the contract to the contractor that submits the lowest price.