Information to bidders: Committee's decision on challenge to the Notice of Bidding

BLS International submitted a challenge letter under item 4.1 of of the Tender Notice claiming that certain technical qualification requirements are too restrictive. In particular, it focuses on items 7.3.1.2 and 7.3.1.3 of the Tender Notice:

7.3.1.2. “That the bidder provided electronic visa development and operation services to a government agency with a minimum annual volume of 30,000 (thirty thousand) electronic visas issued for a period of at least 02 (two) years”.

7.3.1.3: “That the bidder developed and operated an electronic visa application website for the government of a national State, as well as a mobile application and call center that answered questions regarding visa applications.”

BLS claims, in sum, that these items impose requirements that are disproportionately restrictive and excessively complex. BLS also recalls a precedent from the Embassy of Brazil in Mexico under similar circumstances.

 

The challenge letter has been submitted in a timely manner.

The original purpose of items 7.3.1.2 and 7.3.1.3 was not to restrict competition, but to ensure that bidders have the necessary experience to deliver the required services. Nevertheless, if construed in an excessively restricted manner, requirements could prevent companies with extensive experience and operational capacity from participating in a bidding.

In the present case, the provision of electronic and non-electronic visa services are sufficiently similar to allow for a proper evaluation of prior experience. This is in line with the precedent from the Embassy of Brazil in Mexico, that decided to accept bidders that have provided a certain volume of visas in two years in both electronic and non-electronic formats, given the similarity of both services.

Regarding item 7.3.1.3, the Special Bidding Committee is not convinced the requirement to be excessively complex, as a demonstration of experience in operating a website, a mobile application and a call center for visa services is a reasonable requirement for a visa center. However, in light of the abovementioned similarity in the provision of electronic and non-electronic visa services, it will accept that such experience be demonstrated in relation to both kinds of visa.